The Law Society of Kenya (LSK) has taken a firm stance against its members working in the government who have been involved in politically-motivated charges against Opposition figures.
In response to concerns about the ongoing crackdown on protesters and Opposition leaders, LSK has warned State Counsels responsible for wrongful prosecution that they will be issued certificates of dishonour.
LSK expressed worries that certain State Counsels have disregarded their oath of office and aligned themselves with the government, leading to actions that undermine the rule of law and public trust.
The society emphasized that the legal profession must uphold the principles of justice and avoid participating in actions that bring disrepute to their vocation.
According to LSK, wrongful prosecution occurs when individuals are subjected to legal proceedings that are later dismissed or resolved in their favor, but were initiated without probable cause and with malicious intent.
Any lawyer found guilty of suppressing the rights of others through wrongful prosecution will face dismissal from the legal practice after a thorough review of their conduct.
“We, therefore, wish to notify our members within the Office of the Director of Public Prosecutions that should they make decisions that betray the public trust, undermine the rule of law, and bring disrepute to the legal profession, LSK shall issue them with a certificate of dishonour and immediately commence proceedings to remove them from the roll of advocates,” LSK President Eric Theuri warned.
LSK also called on the government to respect the principles of democracy by not usurping power from the people.
A healthy and vibrant democracy, the society highlighted, involves upholding the rule of law, protecting human rights, and allowing open channels for dialogue and dissent.
