Senate committee calls for disbandment of Advocates Complaints Commission

The ACC is accused of negligence and failure to investigate complaints filed against its own members.
A Senate oversight committee is pushing for the disbandment of the Advocates Complaints Commission (ACC), citing negligence and failure to investigate complaints filed against its own members.
The Senate Labour Committee, led by West Pokot Senator Julius Murgo, was informed that employees of East African Breweries Limited (EABL) had submitted complaints to the commission against Advocate Harrison Kinyanjui, but the ACC failed to take any action.
Appearing before the committee, the petitioners recounted their unsuccessful attempts to seek justice from the Advocates Complaints Commission (ACC).
Led by Lawrence Nduttu, they told the committee that Advocate Harrison Kinyanjui had misled them, failed to file an appeal as promised, and withheld their funds.
"We went to court because we were retrenched by EABL. We feel we were duped. The Advocate misled us. He told us that he will appeal, but he has never appealed. When we went to ACC, and we were told never to go back there again," said Nduttu.
However, ACC Secretary George Nyakundi told the committee that their mandate was limited to investigating potential professional misconduct arising from Advocate Kinyanjui’s representation.
"We advised the petitioners to pursue the matter in court, as their claims largely involved alleged professional negligence, which falls outside our jurisdiction," Nyakundi explained.
He added that not all allegations of misconduct against the advocate could be substantiated.
The petitioners had accused Kinyanjui of failing to deliver professional services despite receiving payment, withholding funds collected on behalf of a client, overcharging, and acting without integrity in a manner that could erode public confidence in the legal profession.
The petitioners further alleged that the lawyer acted negligently by allowing them to sign Discharge Vouchers, fully aware that doing so would bar them from making any additional claims against the defendant.
Nyakundi’s explanation, however, drew sharp criticism from senators, who questioned the ACC's failure to fulfill its investigative mandate.
Senator Gloria Orwoba challenged Nyakundi on the commission’s decision, stating, "The role of the Commission is to investigate. Did you actually conduct an investigation? You clearly didn’t. It’s evident that there was potential misconduct by the Advocate."
Committee Vice-Chairperson Crystal Asige echoed these concerns, asserting that the report submitted by the ACC showed the investigations were incomplete and failed to meet the petitioners’ expectations.