Introduction
For law firms in Kenya, handling client funds is a responsibility that comes with strict legal and ethical obligations.
The Advocates Act (Cap 16) and the Advocates (Accounts) Rules require every practising advocate who holds client money to operate a Client Money Account (often referred to as a “Client Account” or “Advocate’s Trust Account”).
Mismanagement of such funds can result in severe disciplinary action — including suspension or being struck off the Roll of Advocates.
In this guide, we break down:
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What a Client Money Account is.
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How it must be operated.
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The legal restrictions and reporting duties.
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Cross-border fund handling considerations for advocates
1. What is a Client Money Account?
A Client Money Account is a separate bank account used solely to hold funds belonging to clients and not to the advocate or the firm.
Under Rule 4 of the Advocates (Accounts) Rules:
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It must be opened with a licensed bank in Kenya.
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The account name must clearly include the words “Client Account”.
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It must never be overdrawn.
Example:
If a client deposits KES 10 million for a property purchase, those funds must be placed in the law firm’s designated client account until completion.
2. What Can Go Into a Client Account?
Funds that can be deposited include:
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Money held for transactions (e.g., land purchases, company acquisitions).
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Retainers for work not yet billed.
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Court-awarded amounts held before distribution.
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Settlement funds pending clearance.
Prohibited deposits:
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Personal funds of the advocate.
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Office operational income.
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Mixed deposits without clear accounting.
3. Rules for Operating a Client Account
The Advocates (Accounts) Rules impose strict operational safeguards:
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Segregation – Client money must be kept separate from office accounts.
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No withdrawals without authority – A client’s consent or instruction is required.
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Record Keeping – Maintain ledgers for each client with running balances.
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Monthly Reconciliation – Client account balances must be reconciled with bank statements.
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Auditing – Accounts are subject to inspection by the Law Society of Kenya (LSK).
4. Cross-Border Transfers & Multi-Jurisdiction Matters
Kenyan advocates often act in transactions involving clients abroad, which may require international transfers from the Client Account.
Key compliance issues:
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Central Bank Declarations – Outward remittances above CBK reporting thresholds must be declared.
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AML/KYC Compliance – Ensure source and purpose of funds are documented.
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Exchange Control in Receiving Country – Confirm with the receiving bank or counsel about their inbound rules.
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No Money Transmission Business – Advocates cannot operate as unlicensed remittance providers; funds must be linked to a legal transaction the firm is handling.
5. Disciplinary Risks for Non-Compliance
Failure to follow the rules may lead to:
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LSK Disciplinary Action – Including suspension or being struck off.
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Criminal Liability – For misappropriation or handling proceeds of crime.
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Civil Liability – Clients may sue for breach of fiduciary duty.
6. Best Practices for Advocates
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Maintain two bank accounts: Office Account & Client Account.
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Use clear transaction narratives when depositing or withdrawing.
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Obtain written instructions for every transfer.
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Keep a Client Funds Register updated daily.
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Train staff handling the account on the Advocates (Accounts) Rules.
7. How We Assist Clients
At S.N. Nyaga & Company Advocates, we:
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Safely hold client funds in compliance with the Advocates Act.
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Manage local and cross-border settlements in property, corporate, and commercial transactions.
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Advise on regulatory approvals for large-value transfers.
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Provide transparent account statements upon request.
Cross-Border Transfers – Africa & Beyond
Our experience extends to multi-jurisdictional transactions, including:
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Transfers within East and Southern Africa.
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Settlements in USD, GBP, EUR, and other major currencies.
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Liaising with correspondent banks and foreign counsel to ensure compliance.
We adhere to:
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Central Bank of Kenya reporting for large-value transfers.
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Anti-Money Laundering (AML) laws and Know-Your-Client (KYC) checks.
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Foreign exchange regulations in the receiving country.
Your Peace of Mind, Guaranteed
When you entrust funds to us:
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You’ll receive acknowledgement and a receipt immediately.
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You can request an account statement at any stage.
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You’ll get timely updates on the status of your transaction.
Why Clients Choose Us
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Proven track record in high-value transactions.
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Confidential, secure, and compliant fund handling.
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Regional knowledge for smooth cross-border settlements.
Final Takeaway:
A Client Money Account is not just a bank account — it’s the legal and ethical backbone of client trust in an advocate.
Proper handling ensures compliance, protects clients’ interests, and upholds the integrity of the legal profession.
