Why LSK wants loose-tongued politicians tamed

Law Society of Kenya President Faith Odhiambo. [File, Standard]

For the last 15 years, Members of Parliament and other politicians have hopped from rally to rally, spewing hate, insults, and animosity — yet they remain unpunished.

That era may soon end if the High Court agrees with the Law Society of Kenya (LSK) that MPs require binding ethics rules, with clear sanctions, to rein in their rhetoric.

The society, led by President Faith Odhiambo, has filed a petition before Justice Chacha Mwita, suing the Independent Electoral and Boundaries Commission (IEBC), the Ethics and Anti-Corruption Commission (EACC), the Registrar of Political Parties, the Parliamentary Service Commission (PSC), the National Cohesion and Integration Commission (NCIC), and the Attorney-General.

LSK argues that NCIC should long ago have drafted a code of conduct for MPs and aspiring candidates to enforce decorum and decency in politics. But in its 15 years of existence, the commission has failed to introduce binding rules or sanctions such as recall provisions, the society contends.

The petition further accuses NCIC, alongside the Registrar of Political Parties, of failing Kenyans by “not biting hard” against misconduct.

LSK now wants the court to compel NCIC, IEBC, and the Registrar of Political Parties to table evidence within 30 days, and publish it in the media, proving they have rules in place to extinguish hate speech by politicians.

“It is only the courts that can give back the Kenyan population the proverbial bell to put on the cat, given the fact that (the delegated) all Respondent Independent Constitutional Commissions have eschewed the responsibility to create a framework to enforce Constitutional behaviour among elected State officers, as well as those affiliated with political parties fifteen whole years after their collective promulgation,” argued LSK lawyer Joseph Wasonga.

He cited Chapter Six of the Constitution, which obliges State agencies to uphold responsibility and integrity in public office. Instead, Wasonga said, they have turned a blind eye to repeated misbehaviour by MPs.

To illustrate the point, the society attached video clips of Tiaty MP William Kamket and former Nairobi mayor George Aladwa making inflammatory remarks. 

“The respondents have collectively failed to use the existing codes of ethics to enforce constitutional morality and standards among elected and aspiring MPs,” Wasonga argued.

According to the lawyer, MPs should be bound not only in their public utterances but also in their private conduct, as servants of the electorate. He added that the behaviour of politicians has cost Kenyan society immense social capital.

LSK warned that unless the court intervenes, agencies will continue to “facilitate elected State officers and political actors in their wanton disregard for the sanctity of the Constitution”.

In a supporting affidavit, LSK Chief Executive Officer Florence Muturi lamented that despite MPs and political parties drawing salaries and funding from taxpayers, poor conduct has become normalised, with little accountability.

“In spite of their constitutional establishment, exchequer funding, and staffing, there is a manifest disconnect between the conduct of elected leaders and the code of ethics they are meant to uphold,” said Muturi.

She noted that for 15 years, elected leaders have flouted integrity standards — some calling for mass killings, suspending the Constitution, justifying extra-judicial executions, or openly declaring their intent to rig elections. “Even more appallingly,” she said, “there has never been a proportionate response by any of the Respondents to curb the entrenched culture of impunity in violation of Chapter Six.”,” said Muturi.

Muturi added that political parties must also be bound by a code of ethics to deny tickets to individuals guilty of misconduct, while agencies such as the EACC and the Attorney-General should be empowered to enforce the same.