Kenya Insights

Tag: Law Society of Kenya(LSK)

  • LSK Considers Barring Ugandan Lawyers Over Karua’s Licence Dispute

    LSK Considers Barring Ugandan Lawyers Over Karua’s Licence Dispute

    The Law Society of Kenya (LSK) has expressed its intention to potentially halt the admission of Ugandan lawyers into Kenyan practice following the Uganda Law Council’s refusal to grant a temporary practising licence to Senior Counsel Martha Karua. Karua sought this permission to defend opposition figures Kizza Bisigye and Obeid Lutale in Kampala’s general court martial where they face charges related to the illegal possession of firearms.

    In a strongly worded letter dated December 10, LSK President Faith Odhiambo criticized the Uganda Law Council’s decision as “disrespectful, arrogant, and dismissive.” She highlighted the offense this caused not only to the cooperative relations between the Kenyan and Ugandan legal fraternities but also to the manner and rationale behind the decision.

    The Uganda Law Council, in its correspondence to Karua on December 6, rejected her application citing reasons such as her alleged lack of unique skills to justify the licence and the absence of necessary identification and academic documents. Additionally, they accused her of misconduct, including presenting herself in court without a valid Ugandan practising certificate.

    Odhiambo voiced her astonishment at the Council’s apparent disregard for Kenyan legal professionals, especially one as esteemed as Karua. She emphasized Kenya’s role in promoting regional legal collaboration, allowing advocates from neighboring countries to practice within Kenya, predominantly from Uganda, and stressed the unfair restrictions Kenyan lawyers face abroad.

    “It is inconceivable that the Law Council of Uganda would hold such little regard for Kenyan practitioners, no less a reputable and long-standing member of the Senior Counsel Bar,” Odhiambo said.

    LSK President Faith Odhiambo.

    “Given our responsibility to safeguard Kenyan legal practice under the LSK Act, we can no longer tolerate this blatant disrespect,” Odhiambo stated, indicating plans to engage with the Attorney General for a solution that would uphold mutual respect and legal dignity.

    Moreover, LSK is contemplating suspending the admission of Ugandan lawyers until mutual recognition agreements are established, a move aimed at maintaining the integrity of Kenyan legal practice.

    “To further protect the integrity of legal practice in Kenya, the Law Society of Kenya is actively considering, after necessary consultations, the suspension of admission of advocates from the Uganda Law Society until such a time as reciprocal arrangements are appreciated and implemented. This measure, though regrettable, is necessary to uphold the dignity and equity of Kenyan legal practice,” Odhiambo said.

    Bisigye and Lutale are accused of possessing illegal firearms across multiple countries including Kenya, Greece, and Switzerland, with specific charges related to an incident in Nairobi in November 2024. The military court proceedings were delayed when Karua attempted to represent them but was barred due to her lack of a Ugandan licence.

    Karua, in response, wrote a letter on December 9 challenging the character and professional critique from the Council, arguing it was an unjust attack on her integrity. She further communicated with the Uganda Law Society on December 10, urging them to support her reapplication for a special practising certificate under Article 19 of the IBA Standards, which calls for cooperation in granting foreign lawyers the right to represent clients.

    Karua emphasized the importance of the East African Community’s principles in supporting cross-border legal practice, looking forward to the Uganda Law Society’s assistance in navigating this dispute.

  • How Faith Odhiambo Is Leading the Charge for Justice Amidst Turmoil

    How Faith Odhiambo Is Leading the Charge for Justice Amidst Turmoil

    In the heart of Kenya’s political storm, Faith Odhiambo has emerged as a beacon of hope and resilience for the rule of law and human rights.

    As protests against President William Ruto’s punitive tax bill escalate, Odhiambo, the President of the Law Society of Kenya (LSK), stands firm, advocating fiercely for the rights of protestors amidst government crackdowns and unprecedented challenges.

    Faith Odhiambo: Championing Human Rights Amidst Adversity

    From the outset, Odhiambo has been at the forefront, confronting government actions that threaten democratic freedoms.

    Following reports of abductions and excessive force against demonstrators, Odhiambo publicly condemned these acts as severe violations of human rights.

    “Extra-judicial killings, police abductions, torture, and incommunicado detentions are back like never before,” she asserted, highlighting the gravity of the situation.

    The abduction of her own personal assistant, Ernest Nyerere, among others, galvanized Odhiambo into action.

    These incidents, occurring in the early hours, drew international condemnation from organizations like Amnesty International, underscoring the government’s disregard for due process and human dignity.

    Legal Challenges and Defending Civil Liberties

    In a bold move, the LSK under Odhiambo’s leadership took legal action to challenge the government’s deployment of Kenya Defence Forces (KDF) in response to protests.

    The High Court’s decision to demand transparency in the military’s role underscored Odhiambo’s commitment to upholding constitutional rights and the separation of powers.

    The LSK’s legal petition argued that no state of emergency or instability justified the unprecedented deployment of military forces against civilian demonstrators.

    This legal battle symbolizes Odhiambo’s dedication to using institutional channels to safeguard civil liberties amidst growing state overreach.

    International Scrutiny and Continued Protests

    Despite local and international outcry, Odhiambo expressed disappointment at the muted response from the international community.

    “Are you proud of what is happening in Kenya?” she challenged, urging global stakeholders to condemn human rights abuses unequivocally.

    Meanwhile, protests continue unabated across Kenya, with citizens defiantly demanding accountability and policy reversals from the government.

    Odhiambo’s steadfast support for these protests underscores her belief in the power of collective action and civil disobedience as tools for democratic change.

    A Leader Against All Odds

    Faith Odhiambo

    Elected as the 51st president of the LSK after a competitive campaign, Odhiambo’s tenure has been marked by her willingness to confront powerful interests and uphold the principles of justice and fairness.

    Her election victory, beating five other candidates, reflects widespread confidence in her ability to lead during tumultuous times.

    As the second woman to helm the LSK after Raychelle Omamo, Odhiambo’s presidency signifies a broader shift towards inclusivity and gender equity within Kenya’s legal profession.

    Her leadership style, characterized by resilience and strategic litigation, has earned her praise as a formidable advocate for legal reform and human rights protection.

    Looking Ahead: Challenges and Opportunities

    As the protests persist and legal battles continue, Faith Odhiambo remains undeterred in her quest for justice.

    The coming days will test her resolve and the resilience of Kenya’s democratic institutions.

    Her leadership will undoubtedly shape the future discourse on governance, accountability, and the rule of law in Kenya.

    Conclusion

    In conclusion, Faith Odhiambo’s presidency of the Law Society of Kenya has been defined by her unwavering commitment to defending protestors’ rights and challenging governmental overreach.

    Amidst growing challenges, her leadership serves as a testament to the enduring power of legal advocacy in safeguarding democracy and human dignity.

  • Kenyans Gang Up Against Sakaja As He Sues Activist For Sh100M Over Alleged Defamation

    Kenyans Gang Up Against Sakaja As He Sues Activist For Sh100M Over Alleged Defamation

    A section of Kenyans have turned their backs on Nairobi governor Johnson Sakaja and accused him of being intolerant towards fair criticism after suing Human Rights activist Jerotich Seii for alleged defamation.

    Coming hot on their heels, the Nairobi boss is being criticized for not having a hard shell to deal with criticism from his voters.

    The governor has moved to court seeking Sh100 million in damages from the activist and Standard Media Group for defamatory remarks she allegedly made during an interview with Spice FM.

    The suit doesn’t come as a surprise as Seii has in the recent past put up a sustained campaign against the governor especially on social media stemming from illegal structures suffocating the city.

    The Suit

    In the court document, Sakaja asserts that on January 26, Jerotich Seii appeared as a guest on the program, where she insinuated collusion between him and real estate developers to erect high-rise buildings exceeding legal height limits.

    “On the 26th day of January 2024, the 2nd Defendant/Respondent herein, in a morning show programme dubbed ‘The Situation Room’ that was aired by one of its radio stations by the name Spice FM, hosted the 1st Defendant as the guest speaker where alongside the programme hosts namely Mr. Eric Latiff, Ms. Ndu Okoh and Mr. Charles T Muga, went on a discourse of discussing the guest’s views about the recent unveiled Chinese Property Developers Association,” the statement read in part.

    According to Sakaja, the program hosts failed to moderate the guest’s remarks, which he claims have tarnished his reputation and undermined his status as a reputable citizen, as enshrined in Chapter Six of the Constitution.

    The lawsuit specifically highlights statements attributed to Jerotich, implying that the Governor and developers knowingly violated the law.

    “The community are organised, they do public participation informing the developers that you are not going to construct here and send them away somehow, these guys end up getting permission/permits that they require and finally after launching the association and going to visit the Governor Sakaja in his office, the following day all permits were issued and they are excavating as we speak,”Jerotich had purportedly stated.

    Through his lawyers Okatch & Partners, the governor accuses the activist of defaming him by linking him to a Chinese cartel behind the controversial buildings in the capital.

    “She alluded to the fact that the Governor had “gotten to bed” with the Chinese Property Developers and thus neglected the voters who have elected him into his office, to add salt to the injury she vehemently stated that the Governor Johnson Sakaja had left the groups whatsapp in order to avoid accountability and she vehemently stated that:”….Governor Sakaja, left all the Kilimani Foundation whatsapp groups quietly in the dead if the night on the 27th day of December, shortly after that, the Chinese are in his office thereafter, he is launching the Chinese property Developers Association, Immediately after permissions are issued to this company called Alina on Likoni Lane and the MD of Alina is the vice chair of the Chinese property Developers Association. If this is not cartel what is?” Part of the document reads.

    Moreover, the remarks have been framed as an attack on his qualifications to hold office as stipulated by Chapter Six of the Constitution of Kenya, 2010.

    The governor seeks not only a financial settlement but also an unqualified apology from the defendants, along with a permanent injunction to prevent further defamatory publications.

    [pdf-embedder url=”https://cms.kenyainsights.com/wp-content/uploads/2024/03/HCCCE0322024-HON-SAKAJA-V-STANDARD-GROUP-PLC-JEROTICH-SEII.pdf” title=”HCCCE0322024-HON SAKAJA V STANDARD GROUP PLC & JEROTICH SEII”]

    Reactions from Kenyans 

    Nairobi Senator Edwin Sifuna called out the governor over his decision, “This is a cowardly attempt to silence critics. We need involved citizens like you to keep the elected honest. The beauty is that Nairobi has 5 million of us. Sakaja cannot sue us all.” He write on X.

    Taking to X to express their disgust with the suit, a number have marked it as a SLAPP aimed at silencing Seii and potential ‘defamers’. “This looks suspiciously like a SLAPP suit. Unfortunately these are becoming all too common,” John Allan Namu, renowned investigative journalist pointed out.

    “The primary goal of a SLAPP is not to win the case, but rather to use the legal process itself to inflict financial and emotional strain on the defendant. Defamation suits are a common SLAPP tactic,” Lawyer Stephen Mallowah explained.

    He continued, “high damage awards in defamation suits can create a chilling effect, making individuals or groups hesitant to speak out on matters of public interest for fear of expensive and lengthy court battles. on matters of public interest for fear of expensive and lengthy court battles. The plaintiff is often a wealthy individual, corporation, or government entity with greater resources than the defendant. The allegedly defamatory statements address issues of public concern, such as criticizing business practices or government actions.“

    Some senior lawyers also dismissed the suit as a joke, former Law Society of Kenya (LSK) President Nelson Havi belittled it sarcastically terming it ‘Obtaining fees through false presences’.

    Another lawyer Mr Ndong termed it as a suit in futility, accusing the lawyer who drafted if for misleading the governor, “Sometimes I do think some of my Learned Friends mislead Clients in Defamation suits. Definitely won’t succeed.”

    Renowned activists also joined to stand in solidarity with Seii and in calling out Sakaja for his move, “You fight out of pain or passion. What’s important is that when Jerotich wins, the public wins. She is fighting for all Nairobi residents.” Boniface Mwangi said.

    “We cannot allow criminals and dishonest politicians like Sakaja who are drunk with power to use the courts to intimidate citizens for exercising their rights!” Said Wanjeri Nderu, “Human Rights Defenders and Active citizens have a right to demand for services and accountability from elected officials. Defamation lawsuits are a tactic used by those afraid of exposure to silence critics we must speak up. This is madness!” She added.

    Seii has relentlessly criticized the county government and the governor himself for overseeing rising constructions of alleged dangerous buildings in the capital mostly done by the Chinese contractors that she alleges have pocketed the governor.

  • How Lawyer Nelson Havi Used Legal Loophole To Demand More Money From A Client

    How Lawyer Nelson Havi Used Legal Loophole To Demand More Money From A Client

    Former Law Society of Kenya President Nelson Havi is locked in a viscous court battle with a client over legal fee that is claimed to have been bloated. The client is accusing Havi of going against their initial agreement while the lawyer is hanging on a legal loophole to legitimize his claim.

    Communications Authority of Kenya chairperson Mary Wambui is contesting a Sh133.7 million invoice raised by Havi & Company Advocates, claiming that she was to pay Sh12.18 million round figure for all eight cases with a value of Sh5.86 billion in which the law firm represented her.

    When an advocate and client differ over legal fees, the former files a bill of costs before the deputy registrar, who is referred to as a taxing master. The client can then contest the bill before the deputy registrar decides.

    Mr Havi won the first round of the battle, as deputy registrar Stephany Bett in December refused to strike out his bill of costs.

    The losing party can challenge the decision by filing a reference before a High Court judge.

    Ms Wambui has now challenged that decision at the High Court, insisting that she had a prior agreement with Mr Havi to pay Sh12.18 million for all eight cases.

    But Mr Havi insists that Ms Wambui’s challenge cannot be called a reference from the deputy registrar, as no determination has been made on his bill of costs.

    Mr Havi represented Ms Wambui, her daughter Purity Njoki, and seven companies owned by the CA chairperson in eight cases filed against them by the Kenya Revenue Authority (KRA) in 2021.

    In the cases, the KRA also sued several banks, as the taxman sought to attach accounts to recover Sh5.86 billion.

    The Loophole

    On June 29, 2023, Mr Havi filed eight bills of costs, one for each case in which he represented Ms Wambui and her group, seeking Sh133.7 million.

    Ms Wambui then filed an application seeking to strike out the bills, as she claimed that there was a prior agreement for Sh12.18 million which she had settled in full.

    On December 6, 2023 deputy registrar Ms Bett dismissed the applications, holding that there was no evidence of an agreement on a fixed fee between the advocate and his client.

    Ms Wambui argued that a letter from Havi & Company Advocates demanding Sh12.18 million was an agreement to pay the amount as a final fee for all eight cases.

    Deputy registrar Bett agreed with Havi & Company Advocates in ruling that the letter Ms Wambui cited did not cite the Sh12.1 million as a final fee.

    Ms Bett held that such an agreement for a fixed fee must be clear on what the final fee is, and must be signed by the client. She added that there was no evidence of a binding agreement capping the legal fees at Sh12.18 million.

    “In this case, both the letters are not signed by the client. Whereas an agreement my view, for a document to be said to constitute a valid and binding agreement for purposes of section 45 of the Advocates Act, the same must not only be unequivocal that it signifies what the final precise final amount is but must be signed by the person to be charged who in this case is the client,” Ms Bett ruled when dismissing Ms Wambui’s objection to the bill filed by Mr Havi.

    In her case before the High Court, Ms Wambui now claims that the deputy registrar was wrong to find that a fee agreement must be signed by both the advocate and the client.

    She further claims that Ms Bett relied on the wrong principles of law in refusing to strike out Mr Havi’s bill of costs.

  • Corruption Is To Blame Over Shoddy Construction Works In The New Mombasa Law Courts Building

    Corruption Is To Blame Over Shoddy Construction Works In The New Mombasa Law Courts Building

    For three years after the completion of the new Mombasa Law Courts Buildings, the four-storey building remains unoccupied over structural defects.

    Lawyers and stakeholders in the justice sector have raised concerns over the state of the building, which apart from developing cracks on the walls, has parts of its ceiling falling off, paint peeling and some window frames turning rusty.

    Through the Law Society of Kenya( LSK) Mombasa chapter, the lawyers claim that substandard materials were used in the construction of the building and that there was no consideration made for the climatic conditions of Mombasa where salinity is high.

    According to sources privy to the scandalous project, senior judicial officers in Nairobi and Mombasa conspired and looted cash leaving the contractor with little hence the use of substandard materials in the construction. Now the judiciary risks losing millions in the building that has been avoided by lawyers and judges as it poses collapse dangers.

    Chief Justice Martha Koome this week admitted that the building is a major concern to the judiciary and that they have been unable to launch or open it officially as it has been found to have structural defects.

    “We thought we had solved the problem of infrastructure by building the ‘Justice Tower’, but unfortunately we were let down by the contractor,” said the CJ on Wednesday.

    The CJ said that a team from the Judicial Service Commission (JSC) audit committee assessed the building and filed a report and that issues were raised with the contractor who ran away from the site.

    LSK Mombasa chapter chairperson Mr Charles Opullu termed the building as a health hazard and a risk to anyone using it.

    Mr Opullu said the construction has been a project which is close to the hearts of all lawyers in Mombasa as they confronted a land grabber, and recovered the land for the construction of the court and the title deed issued to the Judiciary.

    “The structural integrity of the building must be tested before it can be declared fit for occupation, we wonder if there were any approvals and supervision by the Judiciary,” said Mr Opullu.

    Mr Opullu said that it was the lawyers who drew the attention of the state of the building to the Judiciary and wrote several demands to the Judicial Service Commission with evidence of cracks, leaking slabs and other defects.

    The building, which is expected to ease congestion at the current court building, has eight courtrooms, mediation rooms, chambers, spacious registries, and lactation rooms among other amenities.

    It is expected to host the High Court, Environment and Land Court and the Employment and Labour Relations Court which is the only court operating on the second floor.

    Additional reporting by Nation.

  • Quick Appointment Of Former LSK CEO Mercy Wambua To A State Agency Raises Queries

    Quick Appointment Of Former LSK CEO Mercy Wambua To A State Agency Raises Queries

    The appointment of Ex- Law Society of Kenya Chief Executive Officer (CEO) Mercy Wambua to the Commission on Administrative Justice (Ombudsman) has left many with questions with the swiftness that it occurred.

    Wambua reportedly took the oath of office as CEO/secretary in a ceremony presided over by Chief Justice Martha Koome on Thursday afternoon, March 3, 2022.

    The former CEO is succeeding Leonard Ngaluma who left after serving at that capacity for a decade.

    Critics are questioning how Ms Wambua was so lucky that she landed the government job within weeks of exiting the former job? Her colleagues in the profession are said to whisper that the controversial figure, who survived every effort to eject her at the helm of the lobby, may have been favoured to get the job.

    Her enemies claim that the quick hiring was a reward for allegedly having held brief for certain powerful interests in the professional outfit.  Her critics are asking when her current job’s vacancy was advertised as required?

    She previously served as the Law Society of Kenya (LSK) chief executive, after succeeding Apollo Mboya five years ago in 2016.

    Ms. Wambua was kicked out of LSK following her differences with former LSK President Nelson Havi, and was, however, reinstated by the High Court in November last year.

    Nelson Havi was never in the good books with the state and openly criticized. He was arrested in July 21 over assault allegations against Ms Wambua.

    Mr Havi as allied to the Deputy President William Ruto who has been in crossroads with the President in the recent past. Havi is vying for Westlands MP seat on UDA, a party affiliated with the DP.

  • Havi Removed As LSK President, Chair Caucus Takes Over

    Havi Removed As LSK President, Chair Caucus Takes Over

    The Law Society of Kenya that has been marred by leadership wrangles has finally moved to put its house in order.

    Following the exit of Nelson Havi as President and two chairpersons serving in the Caucus, the association has made changes in efforts to comply with a court order that issued several directives to ensure the smooth running of affairs.

    LSK has been marred by leadership wrangles pitting Havi and the CEO resulting in the emergence of two splinter groups that have been embroiled in unending feuds and fisticuffs, denting the lawyers’ reputation.

    According to a statement from LSK branch Chairs Caucus, Linda Kiome (Mt. Kenya Branch, Caucus Chair) takes over all the responsibilities of the President while the Chairs Caucus that has been reorganised has with effect from the 11th January 2022 taken charge of the role of the Council for the remainder of the term that expires in March.

    The high court on December 20 nullified the suspension of the CEO Mercy Wambua and council members.

    In the judgement, Justice Mrima further directed the council to convene within 21 days, failure to which the Chairs Caucus shall take over the functions of the council.

    “If council remains dysfunctional and not able to conduct business, the Chairs Caucus shall take over the functions of the council with the Chair of the Branch exercising powers of the president of LSK for the remainder of the term ” Justice Mrima ordered.

    The order lapsed on January 10 paving the way for the changes after the LSK Secretariat and the Council refused to convene a meeting.

    “In our meeting today, we received confirmation from the LSK Secretariat that the Council has been unable to convene a meeting in compliance with the directions given by the court. In default thereof and pursuant to the said decision, the Branch Chairs Caucus has with effect from the 11th January 2022 taken charge of the role of the Council for the remainder of the term of the Council” the statement by the chair Mathew Nyabena, explained.

    In light of the development, the council members and the secretary will conduct any business.

    “The Branch Chairs Caucus also took into consideration the decision by Justice Mrima that once the Caucus takes over the role of the Council none of the current of the Council including the Secretary shall in any manner whatsoever deal with any of the affairs of the Law Society of Kenya in their respective capacities as members of the Council and or Secretary as the case may be” added Nyabena who is also the Coast Branch, Caucus Vice-Chair.

    The Caucus comprises the following members; Linda Kiome (Mt. Kenya Branch, Caucus Chair) B. Mathew Nyabena (Coast Branch, Caucus Vice-Chair), C.Justus Mutia (South Eastern Branch, Caucus Secretary), D.Eric Theuri (Nairobi Branch, Caucus Treasurer.

    Others are E. Sussy Rautto (West Kenya Branch, Caucus Deputy Secretary), F. Henry Kenei (North Rift Branch, Caucus Deputy Treasurer), G. John Ochang’ (Rift Valley Branch, Caucus Practice Secretary), H. Wilkins Ochoki (South West Branch, Caucus Welfare Secretary).

    Caucus Chair Mathew Nyabena retirement is impending while Joshua Martim formerly North Rift branch chairperson has retired.

    The new Caucus is set to hold its first meeting at the LSK Secretariat offices on Thursday, January 13, 2021, to discuss the management of the Society with a view of ensuring the smooth running of the Secretariat and delivery of services to members.

    “We appreciate the need to sustain the smooth operations of the Secretariat to ensure continued processing of Practicing Certificates and also put in place adequate arrangements to conduct the LSK elections in compliance with The LSK Act and Regulations” the Caucus assured.

    Havi, who is eyeing a political seat ahead of the 2022 general elections, was elected LSK boss in February 2020 after trouncing Charles Kanjama, Harrier Chaggai, and Maria Mbeneka.

    His tenure has, however, had its fair share of ups and downs with the battle for control of LSK affairs between him and CEO Mercy Wambua resulting in protracted legal wars.

    He announced that September 24th special meeting was his last assignment as President.

    Under the current society laws, the president only serves one two-year term and thus his tenure was expected to end in March 2022.

  • LSK Sides With DPP In The Feud With DCI

    LSK Sides With DPP In The Feud With DCI

    The Law Society of Kenya has accused the Directorate of Criminal Investigations of interfering with the functions of the Director of Public Prosecutions.

    In a hard hitting statement, LSK says wrangles between the two entities on the trial of suspected murders of the late businessman Tob Cohen are likely to derail the case and pursuit for justice.

    “There is real danger of the trial being compromised due to wrangles between the DCI and the DPP on extraneous issues manifesting as power struggles between the two,” LSK President Nelson Havi says.

    Havi further says, “The discord between the two must be contextualized, and the [parameters of their powers defined to end and avert unnecessary spectacles in future.”

    The bone of contention is a letter by the DPP to the Inspector General of Police saying there was no evidence to charge Court of Appeal Judge Sankale Ole Kantai with the murder of the late Tob Cohen.
    Havi says the matter has spiraled out of control with the DCI determined to arrest and arraign Sankale in court.

    At the same time, a petition seeking the removal of DDP Noordin Haji from office has been filed with the Public Service Commission for declining to charge the Judge.

    Havi says the law is clear that the DPP doesn’t require consent from any person or authority for the commencement of criminal proceedings.

    “The DCI has in this case purported to arrogate to himself powers that he doesn’t have, by demanding that the Judge be charged when the DPP has determined on the basis of evidence and law that a murder charge is unsuitable,” He said.

    He says while the petition at PSC is by Tob Cohen’s family, it has visible footprints and fingerprints of the DCI and seeks to control the DPP on the matter.