The Law Society of Kenya (LSK) has issued a stern warning to its members working in government who have been part of politically-motivated charges against opposition figures.
LSK stated that State Counsels blamed for the wrongful prosecution of protesters will be given certificates of dishonour.
It further noted concerns about the ongoing crackdown on protesters and Opposition leaders, stating that a number of State Counsels had disregarded their oath of office and aligned with the government.
"We, therefore, wish to notify our members within the Office of the Director of Public Prosecutions that should they make decisions that betray the public trust, undermine the rule of law and bring disrepute to the legal profession, LSK shall issue them with a certificate of dishonour and immediately commence proceedings to remove them from the roll of advocates," LSK President Eric Theuri warned.
According to LSK, wrongful prosecution occurs when an accused is subjected to legal proceedings that are ultimately dismissed or resolved in their favour but were initiated without probable cause and with malice.
As such, LSK President Theuri noted that any lawyer accused of suppressing the right of others through wrongful prosecution will equally be dismissed from the legal practice after an extensive review of their conduct.
"As the Law Society of Kenya, we stand firm in our commitment to upholding the rule of law and defending the democratic principles that our nation was built upon. The Constitution of Kenya guarantees the right to freedom and security of the person, as well as the right to a fair and speedy trial.
"These rights must be upheld and protected for all citizens without discrimination. We call upon the relevant authorities to respect and uphold the rule of law, ensuring that detention are conducted in accordance with the law. Arbitrary and selective application of the law undermines the public's trust in the justice system and erodes the fabric of our society," Theuri added.
LSK also urged the government not to usurp power from the people, noting that a healthy and vibrant democracy is built on respect for the rule of law, protection of human rights, and open channels for dialogue and dissent.
The society warned that it will closely monitor the situation and take all necessary steps to safeguard the principles of justice and democracy.
"We will work tirelessly to ensure that the rights of every citizen are protected and that the rule of law is upheld for the collective good of our nation. Let us unite as Kenyans and stand firm against any attempts to subvert the democratic principles that have guided our nation's journey.
"Together, we can safeguard the future of our democracy and ensure that the rights and freedoms of every citizen are upheld and respected," Theuri stated.
Equally, LSK lamented that the prison population has risen due to the denial of bonds and the high bail terms imposed by the courts in total disregard to Article 49 (2) of the Constitution.
The society called upon the Judiciary to review such bond terms noting that most remandees are behind bars despite their offences attracting sentences of less than six months.
Other LSK members who accompanied Theuri to the meeting included Faith Odhiambo (Vice-President), Chrysostom Akhaabi, Kabata Mwaura, Tom K’opere (General Membership Representative), Cohen Amanya, Njoki Mboce, Ochieng Gor (Nairobi Representatives), Byron Menezes, Lindah Kiome, Michael Wabwile, Vincent Githaiga (Upcountry Representatives) and Riziki Emukule (Coast Representative).
