The High Court in Kerugoya has removed the Law Society of Kenya (LSK) President, Faith Odhiambo, as a party in petitions challenging the composition of the compensation panel for protest victims.
This follows Odhiambo's resignation from the panel and her subsequent application to be removed from the two petitions challenging the panel's establishment.
Despite having already resigned from her role as Vice Chairperson of the panel, her removal was opposed by two petitioners.
They argued that she should remain a party due to her position at the time the panel began its work and her role as head of the LSK.
One argument was that Odhiambo could potentially face claims of contempt arising from the alleged commencement of the panel’s work, despite conservatory orders halting its operations.
Another claimed that, as LSK president, she was responsible for matters relating to professional integrity, conflicts of interest and leadership standards within the legal profession, and could not therefore be separated from her office.
In his ruling, however, Justice Edward Muriithi relayed that Odhiambo's resignation from the position on October 6 had relieved her from any liabilities over actions taken by the panel.
“She would not be liable for acts of the panel taking place after her resignation,” the judge said.
“Unless it is a matter of personal vendetta, which this court cannot countenance, the alleged contempt is to be pursued against members of the panel who remain after her resignation.”
In August, President William Ruto appointed Odhiambo to the position of Vice Chair on a panel chaired by one of his Senior Constitutional Affairs Advisors, Makau Mutua.
She was subsequently sworn in alongside the other panellists, despite intense criticism from lawyers and members of the public, who argued that serving on a government panel would compromise her position as an advocate for the people.
On October 6, she announced her resignation from the panel, despite conservatory orders having been issued to stop its implementation pending the hearing of consolidated court petitions challenging its legality.
"Earlier today, I tendered my resignation from the position of Vice Chairperson of the Compensation Panel. I will continue to agitate for Justice for all Victims and pursue all key deliverables I had set out to attain," Odhiambo announced.
"My resignation from the Panel takes cognisance of the crucial point at which Kenya finds itself in the quest for full constitutional implementation and lasting reform to our democratic context. This consequential moment for our country calls for all our rule of law institutions, especially the Law Society of Kenya, to remain unified and resolute in discharging the mandate bestowed upon us by law."
