The Law Society of Kenya has written a strongly worded letter to the Directorate of Criminal Investigations (DCI) regarding what it describes as the unlawful arrest and harassment of its members.
In the letter dated April 14, Eric Kivuva, the LSK Nairobi Branch Chairperson, denounced the actions of officers from the Kasarani Police Station and the DCI, who reportedly harassed the lawyer while he was conducting his duties.
"The Nairobi Branch condemns in the strongest possible terms the actions of the DCI and Kasarani Police Station, which amount to harassment and intimidation of an advocate in the lawful execution of their professional duties," part of the letter read.
"It is wholly unacceptable and legally impermissible for an advocate to be compelled to divulge client information, including their whereabouts, as this is protected under the law."
According to Kivuva, the lawyer in question, on January 7, conducted a lawful land transaction on behalf of his client, the land vendor, a transaction that involved funds being remitted to his office and later transferred to the vendor as occasioned in the profession.
The letter noted that a different advocate, representing the buyer, had earlier conducted due diligence and confirmed that the land was a legitimate sale with the vendor duly registered as the owner.
However, all hell would break loose when, on April 10, DCI officers would descend on the lawyer and apprehend him, alleging that the sale was fraudulent and demanding to know the whereabouts of his client.
This, Kivuva stated, was against the lawyer-client confidentiality clause of the Constitution of Kenya.
On Saturday, January 12, the arrested lawyer was moved to Kilgoris, where members of LSK from the Rift Valley region, including chapter chair Winnie Ireri, represented him. He was ultimately released on Sunday, April 13, as a result of this intervention.
"We wish to remind law enforcement agencies that the principle of advocate-client confidentiality is not a mere courtesy but a fundamental tenet of the legal profession, protected by Section 134 of the Evidence Act (Cap. 80 Laws of Kenya) and reinforced by the Advocates Act (Cap. 16 Laws of Kenya)," the letter continued.
"These provisions prohibit an advocate from disclosing any communication made to them by a client in the course of professional employment, except with the client's express consent or as required by law in limited, specific circumstances."
The letter concluded with the chair reiterating the society's unwavering commitment to upholding the rule of law and the independence of the legal profession, noting that they would continue to monitor the situation until its conclusion and calling on the DCI to cease all investigations on the lawyer.
"Any attempt to criminalise professional conduct or coerce advocates into breaching their ethical obligations will be met with firm resistance. We demand the immediate cessation of any further harassment of Advocate Kamau and call upon the relevant authorities to ensure his rights are fully protected," the letter read.
"The Nairobi Branch will continue to monitor this matter closely and take all necessary steps to defend the rights and safety of its members."
