Sexual violence dominates LSK poll campaigns
There is a dire need to rid the law profession of sexual predators who take advantage of their positions to prey on vulnerable junior advocates.
As the Law Society of Kenya (LSK) goes to the polls on February 19 to elect a new executive council, the issue of sexual harassment among its membership has again dominated the election campaigns.
If the messages circulating on social media platforms is anything to go by, the suggestion that this could sink the legal profession would be an understatement. The vice—especially against young upcoming women lawyers and students joining the profession—seems so entrenched that it has become the norm rather than the exception.
Soliciting for sexual favours from junior advocates and/or pupils has never been as rampant. It has gained notoriety and normalcy to the extent that harassment is no longer camouflaged.
This savage act has gone on unabated for a long time due to a lack of appropriate deterrence measures to weed out the bad apples from the legal profession. LSK's Sexual Harassment and Anti-Bullying Policy (SHABP), adopted in 2019 as an internal tool, is a toothless bulldog as it is not entrenched in law by way of a statute.
The LSK disciplinary tribunal's decision of November 27 last year, which found that it has no jurisdiction to deal with sexual harassment complaints, has not made the situation any better. The tribunal found that such complaints fall under the ambit of the court's criminal jurisdiction. Yet disgraceful or dishonourable conduct incompatible with the status of an advocate is among the disciplinary offences for gross misconduct under Section 60 (1) of the Advocates Act.
Grave offence
To my mind, sexual violence, molestation and/or harassment in any form should amount to dishonourable conduct on the part of an advocate. LSK should initiate the necessary legislative amendments to specifically define and expand the said provision of the law to include sexual harassment as professional misconduct.
In fact, the controversial tribunal decision should also be escalated by way of appeal to the High Court. The court can then settle the matter through interpretation of the provisions of the law to give clear guidelines on the place of this vice as a disciplinary issue against an advocate as read together with Art. 28 and 29 (c) (f) of the Constitution.
The incoming office should prioritise an inquiry that would collate complaints with a view to putting in place adequate, protective measures for the victims. They should also assist the victims to lodge complaints with the police with a view to having the culprits charged in court with the relevant criminal offences under the provisions of Sections 5 and/or 23 of the Sexual Offences Act.
There is a dire need to rid the profession of sexual predators who take advantage of their positions to prey on vulnerable and desperate junior advocates and pupils. It is shameful for an advocate who took oath to respect and promote the rule of law to be the one breaking it. The grave offence of sexual violence, molestation and/or harassment leaves victims with lifelong—if not permanent—trauma.
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Mr Sumba is an advocate of the High Court of Kenya. [email protected].
