Kenya Insights

Tag: LSK President Faith Odhiambo

  • Faith Odhiambo Quits Protest Victims Compensation Panel in Blow to Ruto

    Faith Odhiambo Quits Protest Victims Compensation Panel in Blow to Ruto

    Nairobi, Kenya — Law Society of Kenya (LSK) President Faith Odhiambo has resigned from her position as Vice Chairperson of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests, citing the need to refocus on her constitutional mandate at the LSK amid growing political and institutional pressure.

    In a statement released Monday, Odhiambo said she had formally tendered her resignation to the Head of Public Service, ending her short-lived tenure in the panel that had been tasked with developing a framework for compensating victims of state violence during public protests.

    Odhiambo explained that the panel’s work had been hampered by a court order suspending its operations, rendering it impossible to deliver on its 120-day mandate.

    “Unfortunately, it is not feasible to achieve the time-sensitive milestones I undertook to achieve, and I must therefore prioritize other avenues of responding to the plight of victims,” she said.

    Her exit deals a major blow to President William Ruto’s administration, which had touted the panel as proof of its commitment to accountability following public outrage over police brutality during anti-government protests.

    The resignation also comes amid sustained criticism from civil society and opposition leaders who accused the panel of being a state ploy to sanitize security agencies.

    Odhiambo, however, defended her initial decision to join the panel, saying it had offered a rare opportunity to reform Kenya’s broken compensation mechanisms for victims of police excesses.

    “The panel presented a unique chance to address longstanding gaps in compensating victims of state overreach. However, the prevailing circumstances demand that I devote my full attention to defending the rule of law and upholding victims’ rights through the Law Society,” she said.

    She reaffirmed her commitment to championing justice for victims of police brutality, noting that LSK lawyers were actively pursuing several related cases in court, including one set for hearing in Kisumu.

    “My commitment to agitate for the rights of victims remains impregnable. I will continue to take up and prosecute matters on behalf of victims of police excesses during demonstrations,” she added.

    Odhiambo further announced that the LSK will spearhead efforts to establish a victim-centered reparations policy to replace the stalled panel process.

    She vowed to engage human rights bodies, policymakers, and justice sector stakeholders in crafting a framework that prioritizes dignity, fairness, and accountability.

    “We must treat reparations for victims with the same seriousness with which we treat repercussions for perpetrators,” she emphasized.

    Her resignation marks a significant setback for Ruto’s government, whose attempt to project reformist credentials through the panel has now suffered a credibility crisis following Odhiambo’s exit.

  • North Rift LSK Chair Kenei Accused of Alleged Theft of Sh25 Million from Peter Kenneth’s Family

    North Rift LSK Chair Kenei Accused of Alleged Theft of Sh25 Million from Peter Kenneth’s Family

    A bitter legal dispute involving Sh25 million has pitted the family of late businessman Jan Chris Esselink against Henry Kenei, the North Rift chairman of the Law Society of Kenya, with accusations of misappropriation of estate funds now heading for a decisive court ruling.

    The controversy centers on Sh30 million that was authorized for withdrawal from Esselink’s bank account at Stanbic Bank Eldoret following a September 2022 court order by Justice Eric Ogola, who is now Principal Judge of the High Court of Kenya.

    The funds were meant to defray estate expenses and safeguard the livelihood of Esselink’s children after his accounts were frozen.

    Esselink, who died leaving behind a multi-million shilling estate, is the father of former presidential candidate Peter Kenneth.

    His family, led by son Bill Esselink and daughter Jackline Chemutai John, alleges that while Sh30 million was released to Kenei’s law firm M/s Kenei and Associates, only Sh5 million was used for its intended purpose, leaving Sh25 million unaccounted for.

    Speaking outside the Eldoret High Court, Bill Esselink expressed the family’s frustration, stating they were facing serious financial difficulties because the funds were being withheld.

    Bill Esselink
    Bill Esselink

    The family has been seeking a court order to compel Kenei to transfer the money to the law firms of Terer Kibii & Company Advocates and Y. Jeruto & Company Advocates for joint management.

    Kenei has defended his position, claiming he is not withholding the funds maliciously but is awaiting settlement of his legal fees for professional services rendered during the complex succession process.

    He has also insisted that the family must first withdraw a complaint they lodged against him with the Directorate of Criminal Investigations before any meaningful dialogue can occur.

    The matter took a significant turn when Eldoret High Court Presiding Judge Reuben Nyakundi delivered a ruling on January 30, 2025, ordering Kenei’s firm to release the Sh25 million to the two designated law firms in a joint account, while allowing him to negotiate his legal fees separately.

    Justice Nyakundi had expressed his determination not to allow his name to be soiled, stating he had already dispensed with the succession case to all parties’ satisfaction.

    However, despite the clear court directive, the funds have remained untransferred, prompting the family to return to court.

    The case was referred to Justice Emily Ominde for further directions, with proceedings initially set for May 13, 2025.

    North Rift LSK office faces dissolution

    The legal battle has been further complicated by internal turmoil within the LSK North Rift branch, where lawyer Michael Wabomba Masinde has filed a motion seeking to dissolve the branch council headed by Kenei.

    The dissolution motion, scheduled for a Special General Meeting on August 1, 2025, cites alleged loss of members’ confidence and demands for accountability and transparency in the society’s affairs.

    Adding to Kenei’s challenges, the Law Society of Kenya headquarters has issued a surcharge notice demanding he account for Sh570,650 in unaccounted funds from the 2023 branch compliance audit.

    The national office has given him seven days to resolve the accountability issues or face further action.

    As of September 2025, Bill has told the media that Kenei has continued to ignore the court orders and refused to pay back the money.

    The Eldoret High Court has now set October 3, 2025, as the date for a decisive ruling on the matter.

    The case has drawn significant attention given the prominence of the Esselink family and the position held by Kenei within the legal fraternity.

    The outcome of the October 3 ruling could have far-reaching implications for both the succession dispute and Kenei’s standing in the legal profession.

    The Law Society of Kenya president Faith Odhiambo has acknowledged receipt of various complaints but noted that some issues remain internal affairs of the North Rift branch, where over 1,000 lawyers operate across Uasin Gishu, Elgeyo Marakwet, Trans Nzoia, West Pokot, Nandi, and Turkana counties.

  • Interior CS Murkomen Defends Terror Charges Against Protesters, Slams LSK For Supporting ‘Criminals’

    Interior CS Murkomen Defends Terror Charges Against Protesters, Slams LSK For Supporting ‘Criminals’

    Interior Cabinet Secretary Kipchumba Murkomen has launched a scathing attack on the Law Society of Kenya, accusing the legal body of “siding with suspected criminals” while defending the government’s decision to charge protesters with terrorism-related offenses.

    Speaking in Eldoret during his Jukwaa La Usalama public engagement forum on Wednesday, Murkomen expressed dismay at LSK’s role in securing lenient bail terms for individuals arrested during the June 25 and Saba Saba protests.

    The CS argued that the legal association was trivializing serious crimes including arson and looting, which he categorized as acts of terrorism.

    “I have seen the LSK leadership, and as a member, I totally disagree with those who want to make it lighter,” Murkomen stated.

    “They want to make it look cheap when we say people who are burning courts, police stations, and businesses with petrol bombs are committing terrorist acts.”

    The Interior CS took particular aim at LSK President Faith Odhiambo, accusing her of overstepping her mandate by questioning the quality of evidence presented in court before judicial determination.

    “I saw the interview with the LSK President, and she was arrogating herself the role of a judge. How did she determine that the evidence we gave in court is not watertight? The question of threshold is for the court to decide,” he said.

    Murkomen defended the application of the Prevention of Terrorism Act, describing it as “clear and unambiguous” in defining terrorist activities.

    He listed orchestrating violence, endangering life, creating public safety risks, causing property damage, and using explosives as covered offenses under the legislation.

    The CS urged the judiciary to resist public pressure when considering bail applications for terrorism-related charges, emphasizing that the rights of law-abiding citizens must be protected.

    He challenged Odhiambo to choose between defending suspects or standing with Kenyans who lost property during violent demonstrations.

    This confrontation highlights the growing tension between the government and legal practitioners over the handling of protest-related arrests, with the LSK maintaining that the terrorism charges are excessive and politically motivated, while the government insists they are necessary to maintain public order and protect critical infrastructure.

  • LSK Rejects Crucial Finance Bill 2025 Clause Allowing KRA To Access Kenyans’ Bank Accounts

    LSK Rejects Crucial Finance Bill 2025 Clause Allowing KRA To Access Kenyans’ Bank Accounts

    Legal and audit professionals unite against controversial tax authority powers

    The Law Society of Kenya (LSK) has joined forces with major audit firms to strongly oppose contentious provisions in the Finance Bill 2025 that would grant the Kenya Revenue Authority (KRA) unprecedented access to taxpayers’ personal financial information and trade secrets.

    The legal body, alongside KPMG East Africa, Ernst & Young, and CDH Law Firm, has raised serious concerns about clauses that they argue fundamentally undermine individual privacy rights and due process protections for Kenyan taxpayers.

    At the heart of the controversy is a provision that would allow KRA automatic access to taxpayers’ confidential financial data and trade secrets, even while tax appeals are still pending in court.

    This represents a significant departure from current practice, where such access typically requires judicial oversight or completion of legal proceedings.

    The LSK and audit firms argue that this clause violates fundamental principles of due process, as it would allow the tax authority to access sensitive information before taxpayers have exhausted their legal remedies through the appeals process.

    “This move undermines due process and taxpayers’ rights to fair adjudication,” the legal professionals stated in their submissions to the National Assembly Finance Committee.

    Spousal Liability Clause

    Another provision drawing unanimous rejection seeks to make spouses of tax defaulters personally liable for outstanding tax debts.

    The LSK has described this proposal as fundamentally unfair, emphasizing that individual financial responsibility should not extend to family members who were not party to the original tax obligations.

    “Someone seeking credit facilitation and defaults is a personal venture,” the LSK emphasized, warning that holding spouses accountable for another person’s tax obligations could have serious social implications and disrupt family structures.

    The proposed Finance Bill also includes Clause 50b, which would extend the timeline for processing tax overpayment claims from the current 90 days to 120 days for initial claims, and from 120 days to 180 days for reviews.

    Critics warn that these extended timelines could severely impact taxpayers’ cash flow and potentially destabilize the broader economy by delaying refunds that businesses and individuals rely on for operational expenses.

    Legal professionals have also challenged provisions that would allow the KRA Commissioner to issue agency notices during ongoing appeals.

    This power, they argue, would effectively erode taxpayers’ protections and disrupt established legal processes designed to ensure fair treatment.

    The ability to issue such notices while appeals are active could pressure taxpayers to settle disputes prematurely rather than pursue their legal rights through the courts.

    Housing Incentive Removal

    Beyond privacy and liability issues, the LSK has opposed the proposed removal of a 15 percent income tax rebate for companies constructing at least 100 residential units annually.

    This incentive, introduced in 2017 to encourage affordable housing development, has been credited with attracting significant investment to the sector.

    The legal society warns that removing this rebate could discourage both local and foreign investors, potentially slowing growth in Kenya’s housing sector at a time when affordable housing remains a national priority.

    National Assembly Finance Committee Chairman Kuria Kimani has acknowledged the concerns raised by the legal and audit professionals, stating that “We will consider your views as stated.” However, the committee has not indicated whether it will modify or remove the controversial clauses.

    The controversy comes as Kenya faces significant challenges in tax collection, with uncollected taxes ballooning to Sh2.3 trillion as the KRA continues to struggle with compliance and collection efficiency.

    The authority recently concluded an amnesty programme that waived Sh158 billion in penalties for 2.9 million taxpayers.

    Public hearings on the Finance Bill 2025 are ongoing, running alongside discussions on the Virtual Assets Providers Bill 2025, which addresses tax regulations for cryptocurrencies.

    If passed in its current form, the Finance Bill 2025 would represent a significant shift in the balance of power between taxpayers and the revenue authority.

    The provisions would grant KRA immediate access to personal financial data during appeals, create potential liability for spouses of tax defaulters, xtend refund processing times by 30-60 days, allow tax enforcement actions during pending appeals and remove housing development incentives.

    The united opposition from Kenya’s legal and audit community signals the gravity of concerns about these provisions and their potential impact on taxpayer rights and economic stability.

    As public hearings continue, the Finance Committee faces mounting pressure to reconsider these controversial clauses or risk implementing legislation that legal experts warn could undermine fundamental protections for Kenyan taxpayers.

    The outcome of these deliberations will likely set important precedents for the relationship between citizens and tax authorities in Kenya, with implications extending far beyond the immediate fiscal year.