Professional self - regulation and challenges in enforcing professional discipline A case study of the advocates' disciplinary process in kenya

Abstract

Regulation means the act or process of controlling by rule or restriction. I It denotes the administration of a set of rules and administrative codes which have the force of law over a distinct group of persons engaged in the same trade or possessing the same skill. Professional regulation has a number of identifiable features. Firstly, the members of the profession are recognized as having a special skill and learning in some field of activity in which the public needs protection against incompetence; and, secondly, they are identifiable by reference to some register which is regularly kept. In self- regulation, members of professional bodies voluntarily submit themselves to standards of ethical conduct beyond that required by law. They also set and enforce the standards themselves. The task of policing is often left to the senior and respected members of the profession.' The enforcement of professional discipline among practitioners of various professions is both necessary to protect the recipients of professional services, and; desirable to uphold high standards and integrity of the particular profession.' In the past, the State reserved the power and task of regulation. Increasingly, many professions have claimed this role from the State and have put in place mechanisms for self - regulation to enforce professional discipline among its members