Law is one of the oldest and most respected professions worldwide. While its core purpose—upholding justice and protecting rights—remains universal, the way legal systems function can differ greatly from country to country. In this article, we highlight some of the major differences between law practice in Kenya and the United States.
1. Legal System Foundations
- Kenya:
Kenya follows a common law system inherited from British colonial rule. Its laws are a mixture of English common law, statutes, the Kenyan Constitution, and customary law. - United States:
The U.S. also follows a common law system, but with significant differences due to its federal structure. Laws are made both at the federal and state levels, and interpretations may vary widely across states.
2. Entry into Legal Practice
- Kenya:
To become an advocate, one must complete a Bachelor of Laws (LLB) degree, then undergo training at the Kenya School of Law (Advocates Training Program). After passing the bar examinations and pupillage (apprenticeship), a lawyer is admitted to the bar by the High Court of Kenya. - United States:
Aspiring lawyers must complete a bachelor’s degree (in any field), followed by a Juris Doctor (JD) from an accredited law school. To practice, one must pass the bar exam in the specific state where they wish to work. Unlike Kenya, there is no single national bar admission.
3. Regulation and Professional Bodies
- Kenya:
The profession is regulated by the Law Society of Kenya (LSK), which oversees advocates’ conduct, discipline, and practice standards. - United States:
Regulation is decentralized. Each state bar association governs lawyers within its jurisdiction. While there is the American Bar Association (ABA), it mainly serves as a professional body rather than a licensing authority.
4. Court Structures
- Kenya:
Kenya’s judiciary has a hierarchical structure: Supreme Court, Court of Appeal, High Court, and subordinate courts (magistrates’ courts, Kadhi’s courts, tribunals). - United States:
The U.S. judiciary is federal and state-based. At the federal level, it has District Courts, Circuit Courts (Courts of Appeals), and the Supreme Court. Each state also has its own court system, which may include trial courts, appellate courts, and a state supreme court.
5. Scope of Practice
- Kenya:
Lawyers in Kenya are generally general practitioners, handling a wide range of matters including litigation, conveyancing, corporate law, and family law. Specialization is emerging but less pronounced compared to the U.S. - United States:
Lawyers tend to specialize more (e.g., criminal defense, corporate law, intellectual property, immigration). Many law firms are structured around these specialties, and clients often expect a high degree of focused expertise.
6. Cost of Legal Services
- Kenya:
Fees are guided by the Advocates Remuneration Order, which sets out minimum charges. While negotiations exist, the scale provides uniformity. - United States:
Fees are market-driven and vary widely. Common billing methods include hourly rates, flat fees, and contingency fees (especially in personal injury cases). Costs are generally higher compared to Kenya.
7. Use of Technology and Innovation
- Kenya:
The legal sector is adopting technology, especially after the COVID-19 pandemic (e-filing, virtual court sessions). However, digital transformation is still growing. - United States:
The U.S. legal profession is more advanced in using legal tech, e-discovery, online case management systems, and artificial intelligence tools. Many firms are heavily digitalized.
✅ Conclusion
While both Kenya and the U.S. share a common law heritage, their legal practice diverges in structure, entry requirements, specialization, and cost. Kenya emphasizes a centralized system with uniform standards, while the U.S. thrives on decentralization and specialization.
For law students, clients, or professionals interacting across borders, understanding these differences helps in navigating each legal environment more effectively.
