During Kenya’s struggle for multiparty democracy, the Law Society of Kenya (LSK) was largely led by firebrands and commanded respect as it remained vibrant on public interest litigation. It was also a wellspring of national leaders.
The lawyers’ professional body, together with Church and civil society groups, played a critical role in pushing back the excesses of the single-party regime of Kanu.
Similarly, during the clamour for constitutional reforms, the LSK contributed immensely to the realization of the 2010 constitution.
These positive attribute and credibility have, however, for years gradually ebbed away, with some of the past LSK presidents (previously chairpersons) and council members engaging in unending wrangles and power struggles at the expense of the mandate of the professional body.
Some of the officials also appeared to have joined the leadership of the body for political reasons, making them an appendage of the ruling parties or the opposition.
But the current leadership of LSK led by its President Faith Odhiambo seems to be on an upward trajectory in restoring the lost glory.
From condemning the rising cases of abductions and extra-judicial killings to representing arrested government critics in court, LSK lost glory seems to be returning.
“Let’s appreciate what our able LSK President is doing for this nation. We must give you your flowers as early as now (as) you really stand with Kenyans whenever they want you,” said Lawyer Ndegwa Njiru when LSK lawyers representing the 48 youths arrested in Isiolo were presented in court.
The youth were arrested for allegedly booing President Ruto in Isiolo, but were charged for being drunk and disorderly. LSK has been in many other cases arising from the Gen Z protests and the subsequent arrests and charging of critics of the government. LSK has a lawyer in the inquest of the shooting to death of Rex Masai, the first victim of the anti-tax laws.
Constitutional lawyer Bobby Mkangi notes that the current leadership is on a remarkable path to restoring LSK lost glory.
Mr Mkangi observes that the team led by Ms Odhiambo is destined to succeed as it has steered clear of partisan politics. He says some of the previous officials became part of various political formations and ended up engaging in partisan politics.
“I think that President Faith Odhiambo and her team have done an amazing job so far. Considering the current period of the building of our constitution, which is facing very strong headwinds, President Odhiambo and the LSK have, like Frantz Fanon advised, discovered its mission and set out to effectively fulfill and not betray it,” says Mr Mkangi.
Law Society of Kenya President Faith Odhiambo during an interview in Nairobi on March 2, 2024.
Photo credit: File | Nation Media Group
He observes, “The presence of mind, organisation, effective use of technology, and amenability to the needs of Kenyans as far as the role of the LSK vis a vis protecting public interest is, are outstanding.”
He says that unlike previous officials, the current leadership has managed to carry out its roles while steering clear of partisan politics and perceptions of political biases.
Ms Odhiambo in a previous interview with Nation opened up how his decision to run faced major stereotypes because of her age and gender.
“Some suggested I should stay at home with my child and husband, questioning my ability to handle the pressures of leadership.
“My age also became a focal point of criticism, with suggestions that I needed to appear more mature to be elected LSK president,” the 39-year-old Ms Odhiambo said during the interview after her election in March 2024.
Lawyer Paul Mwangi in his book, The Black Bar, traces the LSK to 1929 when it was founded. According to Mr Mwangi, LSK was at the beck and call of the colonial government.
The LSK, composed mainly of English barristers and solicitors, rather than protecting the rule of law, became an appendage of the colonial government as it violated the basic human rights of the locals.
But even after wrestling the LSK from the hands of the whites and an African in Mr S.N Waruhiu taking over, matters did not change for the better as he took no interest in fighting for the interests of the African lawyer.
However, at the height of the struggle for multiparty democracy, LSK had firebrands who stood against the excesses of President Daniel Moi’s Kanu regime.
But after the clamour for multiparty democracy, the government hatched a plot to cripple LSK. Part of the plan was to influence the LSK election outcome and install a Kanu-friendly lawyer.
In the late 198os, Kanu-friendly lawyer Fred Ojiambo was installed to lead the law society against protests by critics of President Daniel Moi. Similar tactics, where the government has made moves to influence LSK elections and operations, have continued over the years with varying degrees of success.
Lawyer Danstan Omari says that LSK under Ms Odhiambo has succeeded on many fronts, but could do better in coming out strongly against corruption in the profession.
Mr Omari further says that LSK has also not taken a lead in the clamour to reforms in the judiciary. He thinks the lack of clear position on the matter has made individual lawyers like senior counsel Ahmednasir Abdullahi and Nelson Havi to take on Chief Justice Martha Koome and the Supreme Court.
“There have been over 50 LSK councils. If you look at the LSK under Faith, it is stable — there are no fights like we witnessed during the reign of Nelson Havi. In terms of service to the public and protection of the rule of law, they have done so well, especially in defending those abducted,” says Mr Omari.
He further notes that the current LSK has deployed a collaborative approach in dealing with other arms of government, a development he says is positive. He also says that service to the advocates, including issuance of certificates of practice has improved.
He, however, notes that LSK can still do more in public interest litigations.
Law Society of Kenya President Faith Odhiambo.
Photo credit: File | Nation Media Group
Mr Havi’s tenure is one of those that were rocked with boardroom fights and vicious power struggles.
Elected in February 2020, Mr Havi made many friends and foes, in and out of the legal profession. Her fall out with then LSK chief executive Mercy Wambua marked one of the major highlights of his tenure, which was marred with infighting.
Mr Havi ran for a political office in the 2022 polls, something his critics said could have led to the perceived poor performance by his team.
But the Central Organisation of Trade Union (COTU) Secretary-General Francis Atwoli says all Kenyans are politically partisan in nature. He says that cannot be the reason why some of the previous offices did not perform.
“Faith understands the mandate of LSK, she is sober and balanced in her actions. I can say that the current office is up to the task,” says Mr Atwoli while accusing the previous offices of abandoning their mandate of fighting for the rule of law.
US-based university lecturer and political analyst, Prof David Monda, says that the current LSK president has not only made the body more vibrant, but has also raised its profile in the public space as a defender of the law.
“She is exemplary in challenging and holding the government accountable on matters of law. This is particularly true in regard to the state using extra judicial means of abductions, torture and killings of opponents.The LSK has provided legal defense to members of civil society and the public that are being pursued by the state,” says Prof Monda.
He adds, “She has also forced members of the police service to be held accountable for excessive use of force in quelling legal demonstrations, suing the police, cabinet secretaries and the state on matters of public interest.”
He describes her as charismatic, intelligent and strictly focused on the law in pursuing different legal cases without political or ethnic bias.
“Her recent predecessors were not as actively involved in checking the government for its abuse of power nor were they as charismatic,” he says.
In comparison to Mr Havi, Prof Monda says she clearly does not appear to have a political agenda.
“Ms Odhiambo encapsulates Roman philosopher Cicero's dictum that: " we are all slaves to the law to be free",” he adds.
