INTRODUCTION
Criminal law practice in Kenya has been shunned greatly whenever it comes to rewarding legal fees. Criminal law is one of the most interesting areas of practice. The system is not rigorous and you learn a lot.
Criminal law is a wide area of law that requires technique and strategy. The Penal Code Cap 63 Laws of Kenya and the Criminal Procedure Code are the key legislation covering criminal law practice in Kenya. It is important to note that Section 49 A of the Advocates Remuneration Order 2014 guides Advocates on how to charge legal fees regarding criminal cases to avoid undercutting. This is to maintain the standards in the legal profession. Therefore, let us not close our eyes to the wide range of opportunities to make money in criminal litigation.
FACTORS TO CONSIDER WHEN CHARGING LEGAL FEES
a) Complexity of the case
As an Advocate, one has to consider the offense committed by the accused person. It is very crucial to read the facts of the case and give a case analysis with a probable outcome. Therefore, if you wish to take up an advocate for a matter make sure to be informed that case research has to be conducted.
All these will be determined by the duration of the case, number of witnesses by the prosecution, number of hearings, and mentions. The more complex the case the more you will have to pay your Advocate.
When charging your instruction fees, one has to take note of the following: –
· Care and labor required,
· Number and length of the papers to be perused,
· Nature or importance of the matter
· Amount or value of the subject matter involved
· Interest of the parties
· Complexity of the matter
b) Offences committed
Corruption and economic crimes are very popular among public officials and most of the accused persons are charged with stealing billions or millions of shillings. When an Advocates wishes to take up that case, he/she has to consider the following: –
· The amount in question
· The facts of the case
· The strength of evidence tabled by the Prosecution
· The number of witnesses
· The cash bail/bond to be paid
· The research to be conducted
· The number of witnesses the defense will call
· Court attendances
In this case, one has to consider the outcome of the case as the court usually orders for compensation of the amount stolen or pay any amount the person may be liable upon conviction and/or give to the rightful owner any property acquired in the course of or as a result of the conduct that constituted the corruption or economic crime or an amount equivalent to the value of that property. The other option is imprisonment which is lengthy and can be subject to appeal.
As provided under Section 54 of the Anti-Corruption and Economic Crimes Act the following is stated about Compensation orders on conviction: –
(1)A court that convicts a person of any corruption or economic crime shall, at the time of conviction or on subsequent application, order the person—
(a) to pay any amount the person may be liable for under section 51 or 52; and
(b) to give to the rightful owner any property acquired in the course of or as a result of the conduct that constituted the corruption or economic crime or an amount equivalent to the value of that property.
(2) If the rightful owner referred to in subsection (1)(b) cannot be determined or if there is no rightful owner, the court shall order that the property or equivalent amount be forfeited to the Government.
(3) In making an order under this section, a court may quantify any amount or may determine how such amount is to be quantified.
(4) An order under this section may be enforced by the person in whose favour it is made as though it were an order made in a civil proceeding.
CONCLUSION
In light of the foregoing, charging legal fees in criminal cases differs in many ways. The most important aspect ensuring your efforts pay off during the case till the conclusion of the matter. Endeavor to provide quality work. As a candid rule, never bite more than you can chew.
