LSK President Highlights Challenges and Lessons in Professional Regulation

Story by Ayubu John Afrimedia news Nairobi—Charles Kanjama, President of the Law Society of Kenya, has emphasized that no regulatory system is flawless, drawing lessons from Kenya’s constitutional history to illustrate the complexity of governance and professional oversight.

Speaking on the topic of regulation within the legal profession, Kanjama noted that debates over the most suitable system of government—following the 2005 constitutional referendum—mirror ongoing discussions about professional regulation. Between 2008 and 2009, Kenya considered presidential, parliamentary, and hybrid systems, ultimately adopting a presidential model. “There is no universally perfect system,” Kanjama said, highlighting that effectiveness depends on institutional culture, societal environment, and the people implementing the system.

Applying this lesson to legal regulation, he explained that both self-regulation and independent regulatory models carry strengths and weaknesses. Self-regulation, where professional bodies oversee their own members, can create conflicts of interest, as leaders must both represent members and enforce discipline. Conversely, separating regulatory authority from professional associations can result in overlaps, conflicts, and competing mandates. Even internal mechanisms, such as the Advocates Disciplinary Tribunal, face challenges when members are elected from within the same professional community.

Kanjama stressed that the focus should not be on finding a perfect model, but on how systems are structured, how institutions interact, and how individuals uphold standards. “If a system is not working, the solution is not always to replace it entirely, but to examine its implementation and identify areas for improvement,” he said.

His remarks underscore the need for thoughtful, balanced approaches to professional regulation that safeguard both public interest and professional integrity.