In the last one year according to law society of Kenya (LSK) Kenya kwanza regime has undermined the mixed successes and achievements of judiciary and returned to the era of unaccountable state power, extra judicial killings, abductions, corruption. weaponizing investigative agencies for political purposes, undermining media freedom and civil society organisations which has lead to diminishing confidence in the Judiciary.
The Law Society of Kenya (LSK) stands at the forefront of upholding the principles of Justice, accountability, and the rule of law within our nation. With a deep commitment to safeguarding the rights and welfare of all Kenyans, it is our solemn duty to address the current state of the rule of law in our country.
The Judiciary released the State of the Judiciary and the Administration of Justice (SOJAR) Report for the Financial Year 2023/24 on 14th November, 2024. The report marks an Interesting period in Kenya's constitutional development. The launch of the report is al commendable milestone, and the key elements focusing on enhanced efficiency and access to justice are Indeed commendable.
All surveys and persistent complaints from our members point at a complacent judiciary that cannot defend itself from allegations of runaway corruption within its ranks. Over the past fourteen years the Judiciary was considered the remaining solution in the defence for the Constitution. It made remarkable progress in creating robust electoral jurisprudence, demarcated limits on presidential appointments. invalidated legislation intended to clawback on the constitution, protected the Bill of Rights. developed the devolution architecture.
The law society has demand that the Judiciary must raise up to give the Constitution its essence and substance in achieving the objects of nation building, state accountability and the rule of law.
The existing and increasing inconsistency between decisions by the appellate and subordinate Courts compromise the role of the judiciary as a fount of consistent legal jurisprudence.
There are credible allegations of institutionalized corruption within the judiciary which is increasingly undermining public confidence and trust. The complaints pointing to unfettered bribery and unethical conduct by judicial officers has continued to weaken and undermine justice system and at the same time erode the credibility and effectiveness of the judiciary. Ultimately, the Judicial Service Commission (JSC) has been criticized for its failure and neglect to address the institutional issues including the stink of corruption. The JSC has failed to promote accountability, transparency and independence within the judiciary.
The constitutional role of the Judicial Service Commission is not contemplated to foreclose scrutiny or provide tacit immunity based on inaction or soft hand when they act. The special role of serving as the institutional guardian is intended to protect the organisation from outside arbitrary influence. It is incumbent on the JSC to recognise the roles law society and all stakeholders in the administration Justice System in providing credible scrutiny.
During the recent demonstrations, the law society took leadership in working with Kenyans, the civil society and other organised groups. We visited police cells. hospitals. mortuaries, homes and walked with Kenyans in this period. We observed and received complaints of total disregard to the Constitution and the rule of law. We saw a side of this Government which we must not only disavow but call to full accountability. We have witnessed extra judicial killings. arrests, abductions, extra-judicial killings. Where the Law Society took action, we were met with lack of respect to court orders.
LSK has made the following demands In relation to the complaints of corruption, inefficiency in the Judiciary and weaknesses in the framework for dealing with complaints, we demand a transparent process for tracking, expeditious resolution of complaints, involvement of the Law Society in collection, collation and inquiry of complaints.
That by the authority of the President, the Independent Policing Oversight Authority and the Kenya National Commission on Human Rights be granted all logistical and strategic support to conduct an Immediate Investigation into all acts of torture and killings related and/or attributed to police misconduct in the course of the protests against the Finance Bill 2024;
The third demand is that subject to the report of the Independent Policing Oversight Authority and Kenya National Commission on Human Rights, the National Security Council to direct the Inspector General of Police to open disciplinary proceedings against all perpetrators of police misconduct/brutality and torture, and that the reports of such proceedings be availed to the Director of Public Prosecution for Institution of criminal charges.
That the families of all confirmed victims of police killings be traced and that the Independent Policing Oversight Authority and Kenya National Commission on Human Rights provide your Excellency with a rationalized formula for determining adequate compensation for the loss and suffering incidental to the death of their kin;
That subject to the formula presented to your Excellency, the National Security Council directs the Inspector General of Police to undertake the full, unconditional compensation of all the families of deceased victims of police killings without delay:
That the Independent Policing Oversight Authority and Kenya National Commission on Human Rights be directed to collaborate and cooperate with the Law Society of Kenya, humanitarian organizations involved in offering support to victims of police brutality during the protests, and families of suspected victims in both the Investigation and creation of a compensation formula.
That an inter-agency oversight Committee be established to ensure Implementation of these actions and prepare a report which shall be published.
