LSK warns lawyer MPs against attack on judges

By Geoffrey Mosoku and Michael Wesonga

Kenya: The Law Society of Kenya (LSK) is warning Members of Parliament, who are lawyers by profession, against leading the onslaught on the Judiciary and advocating for defying court orders.

Most MPs, both Senate and National Assembly, who have been vocal in dismissing the Judiciary in and outside Parliament are ironically lawyers, a scenario which is worrying the LSK.LSK says that in spite of their members having crossed the floor to the other side (Parliament), they are bound by the oath they took while being admitted to the roll of advocates.

“When admitted as advocates, we take oath before the Chief Justice to be true to the calling and respect the rule of law. The oath is not suspended merely because you are in Parliament,” LSK Chief Executive Officer Apollo Mboya said.

Mr Mboya said the lawyers’ body is planning a meeting with the MPs to reiterate to them their calling, adding that the LSK council can take disciplinary action against errant MPs.

“The MPs who are lawyers risk getting a certificate of dishonour from the LSK council if they misrepresent the law in any forum,” he added.

LSK warned that the country is likely to be plunged into anarchy as the rule of law is constantly threatened by the Legislature and Executive, which wants to muzzle the judicature.

“As lawyers, we cannot accept a situation where people are saying we can’t obey court orders. This threatens the rule of law,” said Mboya.

The lawyers’ body is also accusing President Uhuru Kenyatta of promoting abuse of the law by failing to appoint members of the Judicial Service Commission in spite of strict timelines set by the law.

Mboya said Uhuru had violated both the Constitution and JSC Act by failing to gazette the names of Aggrey Muchelule and Tom Ojienda to JSC and replacing Christine Mango whose term expired in December. LSK has also disapproved Parliament’s censorship of the Judiciary. Deputy Chair Lillian Omondi said the Judiciary’s decisions could not be questioned because it is an independent body clearly defined in the Constitution.

Ms Omondi cautioned Parliament against issuing threats to the Judiciary body with renewed clamour for judicial vetting.

She insisted that the High Court had the mandate to interpret the law on it discretion without coercion and unsatisfied persons should follow due process by appealing at the Court of Appeal and Supreme Court.

“They cannot do that especially now when we have working institutions, not unless they want us to get back to a referendum. If they have any complaints, they should direct them to the Judicial Service Commission that will commence disciplinary measures if need be,” Omondi advised.