LSK rejects strong disciplinary tribunal

By Kepher Otieno

The Law Society of Kenya (LSK) is against plans by the Attorney General Githu Muigai to set up a tribunal to discipline errant lawyers.

Prof Muigai has come up with a miscellaneous amendment Bill to establish the tribunal.

Speaking in Kisumu, 13 LSK council members led by Chairman Erick Mutua vowed to reject the tribunal.

They rejected Muigai’s proposal that Director of Public Prosecutions Keriako Tobiko head the tribunal, terming it as outrageous.

“We want the AG to stop introducing such an amendment in the Judicature Act,” said Mutua.

They claimed having the DPP in the tribunal was giving the Executive authority to discipline lawyers.

They said the AG contributed in compilation of Mark Shobbs special report, which recommended that the disciplinary role be retained by LSK.

They claimed it was ill-advised for the AG to propose the prosecution counsel to sit at the tribunal yet in the new constitutional order; police prosecutor would be replaced by lawyers.

Their fears stem from the reality that thieving lawyer’s risk being jailed.

With a number of errant lawyers battling cases filed by litigants against them for either unlawfully withholding their claims, lawyers fear they would be arrested.

Mutua said they want the disciplinary committee of LSK continue handling all matters relating to misconduct of lawyers.

He said control of lawyers by DPP would undermine the confidence of the bar.

“Advocates fear they will be intimidated by the prosecutors who currently most of them are trained policemen,” said Mutua.