Advocates Remuneration Order Kenya: What Lawyers Must Charge
Advocates Remuneration Order Kenya: What Lawyers Must Charge
One of the biggest anxieties for families settling an estate in Kenya is the cost of hiring a lawyer. Fees seem arbitrary, vary wildly between firms, and are rarely explained upfront. What most families don't know is that advocate fees for succession cases aren't negotiated freely — they're governed by a statutory instrument called the Advocates Remuneration Order (Legal Notice No. 35 of 2014).
Understanding this order protects you from overpaying and gives you a framework for evaluating quotes.
The Anti-Undercutting Rule
Paragraph 4 of the Remuneration Order contains a provision that surprises most people: advocates are legally prohibited from charging less than the prescribed minimum fees. Accepting remuneration below the statutory floor constitutes professional misconduct, subject to investigation by the Law Society of Kenya (LSK).
This means that if a lawyer quotes you significantly below the minimums in the table below, either they don't understand the Order or they're planning to charge hidden extras later.
Schedule 10: Non-Contentious Probate Fees
For standard, uncontested succession matters — the majority of estate cases — the instruction fee is calculated under Schedule 10 of the Order based on the gross capital value of the estate:
| Estate Value | Statutory Minimum Fee |
|---|---|
| Up to KES 1,000,000 | 5% of the estate value (minimum KES 50,000) |
| Over KES 1,000,000 | KES 50,000 plus 1% of the amount exceeding KES 1,000,000 |
Practical Examples
- KES 500,000 estate: 5% = KES 25,000, but the minimum floor is KES 50,000, so the fee is KES 50,000
- KES 2,000,000 estate: KES 50,000 + 1% of KES 1,000,000 = KES 60,000
- KES 10,000,000 estate: KES 50,000 + 1% of KES 9,000,000 = KES 140,000
- KES 50,000,000 estate: KES 50,000 + 1% of KES 49,000,000 = KES 540,000
What the Fee Covers
The instruction fee covers the core legal work: preparing and filing the succession petition, drafting affidavits, managing the Gazette publication, attending court hearings, filing the Summons for Confirmation of Grant, and preparing the distribution schedule.
It typically does not include:
- Disbursements — court filing fees (KES 3,000-15,000), Gazette notice fees (approximately KES 3,480), land search fees (KES 500-2,000), professional land valuation (KES 10,000-50,000)
- Contentious fees — if the case becomes contested, additional fees apply under a different schedule
- Ardhisasa transmission work — the digital land transfer process may be billed separately
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Realistic Cost Brackets
Based on common estate sizes in Kenya:
| Estate Value Bracket | Total Legal Cost (Fees + Disbursements) |
|---|---|
| Below KES 500,000 | KES 30,000 - 80,000 |
| KES 500,000 - 5,000,000 | KES 80,000 - 200,000 |
| KES 5,000,000 - 20,000,000 | KES 200,000 - 500,000 |
| Above KES 20,000,000 | Negotiable, typically structured in installments |
How to Protect Yourself
Get a written fee agreement. Before engaging an advocate, request a written breakdown that separates the instruction fee from disbursements and contingency fees.
Know your route. For estates under KES 3 million, the Public Trustee route avoids advocate fees entirely. The Public Trustee's administration fee follows a much cheaper sliding scale — starting at 12% of the first KES 4,000 and dropping to 1% on amounts over KES 990,000.
Verify the advocate. Use the LSK online directory to confirm your lawyer is licensed and in good standing. Unlicensed practitioners have no obligation to follow the Remuneration Order and offer no professional liability protection.
Ask about installments. Most reputable firms split the total cost into installments — a retainer on engagement, a second payment after filing, and the balance after confirmation of the grant.
Understanding the fee structure before you engage a lawyer prevents the most common financial shock in estate settlement. The Guide to Succession and Inheritance in Kenya includes the complete fee analysis with comparison tables across all three administrative routes.
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