LSK has turned a blind eye to excesses of the Executive

NAIROBI: The outgoing Law Society of Kenya (LSK) leadership was at it again this week, unveiling a glistening 35-member committee “for the protection and ideal implementation of the Constitution of Kenya.” Apart from the fact that the LSK already has a standing Committee on Constitutional Implementation and Law Reform, the question on many lawyers’ minds has been why now?
The Executive and other organs of state have had a field day in the past two years or so ripping apart that hallowed document while the LSK watched in silence. Was the leadership waiting for a certain threshold of Executive abuse to be achieved before suddenly realising it was getting out of hand?
We also know the term of the Commission on Implementation of the Constitution (CIC) is coming to an end as is that of members of the LSK council. Is this new committee coincidence or are otherwise jobless men and women looking for something to keep them busy in coming months? The Okoa Kenya referendum drive is finally well and truly on course, are people suddenly looking for ways they can jump on that bandwagon to nefarious ends?
Legitimate questions can be asked of what the CIC has been doing all along. Apart from a few half-hearted public relations attempts to reign in government, its chair has been gallivanting with the Executive even as numerous court orders are flatly disobeyed. The levity with which the President ignored the court order on recruitment of police officers after an exercise drenched with bribery, is a good case in point.
It is not surprising that the Executive has sought to undermine the authority of our courts as the Jubilee regime has been practising that dark art with the ICC since taking office. It has been demonstrated in the most extravagant manner that it is possible for people who should be hard-pressed to put up coherent defences, to have their cases dismissed.

Be that as it may, the saviour by all means is not the LSK which first needs to clean its own house. It would be preaching wine and drinking water for the current LSK leadership to pretend that it is possible for them to be impartial umpires in the current power grab game the Executive is playing.
It is public knowledge that the outgoing Council of the LSK has been unable to follow its own straight forward and longstanding Rules and Regulations governing the society’s affairs. How, would they play watchdog over constitutional implementation? As the good book says, you first remove the log in your eye to better enable you see the splinter in your brother’s eye.