The Role Of The LSK In Expanding Kenya's Democratic Space

During the recent anti government protests, the Law Society of Kenya played a pivotal role in advocating for the rights of the demonstrators. The LSK President Faith Odhiambo emerged as a prominent figure during this time period as she ensured that many of those affected received representation and support. The LSK also famously filed a petition seeking to block the deployment of military forces to restore order during the protests.

So who exactly are the LSK and what is their mandate?

The Law Society of Kenya (LSK) is a statutory body that represents the legal profession in Kenya. It was established in 1948 under the Law Society of Kenya Act to be the professional body mandated to oversee the conduct of advocates and to ensure adherence to legal ethics in the country. The LSK also plays a crucial role in promoting and protecting the rule of law and access to justice. It is a significant institution in Kenya’s legal and political framework.

Every lawyer practicing law in Kenya is required to be a member of the LSK. According to the Advocates Act and the Law Society of Kenya Act, no advocate can legally practice law in Kenya without being registered as a member of the LSK. This membership requirement ensures that all advocates are bound by professional and ethical standards.

The Law Society of Kenya has played a significant role in expanding Kenya’s democratic space. Throughout the country’s history, the LSK has been at the forefront of legal and political reforms, advocating for the rule of law, human rights, and good governance. Here are some of the ways in which the LSK has contributed to Kenya’s democratic progress.

  • Advocacy for Constitutional Reforms: The LSK has been really active in the struggle for a new constitutional order, especially during the 1990s and the 2000s. The Society was a vocal participant in the movement that led to the promulgation of the 2010 Constitution. This was a landmark achievement that expanded democratic freedoms, decentralized power, and enhanced human rights protections.
  • Promotion of Human Rights: Throughout Kenya’s history, particularly during repressive regimes, the LSK has championed human rights, often at great risk to its members. The Society has consistently spoken out against violations such as illegal detentions, police brutality, extrajudicial killings and suppression of free speech. The LSK’s vocal opposition to human rights abuses has helped expand the space for civil liberties in Kenya, emboldening other civil society actors to demand justice and accountability from the State.
  • Public Interest Litigation: Through public interest litigation, the LSK has challenged laws and government actions that threaten democracy. The Society has taken up cases challenging unconstitutional laws and executive decrees that undermine democratic institutions or that infringe on citizen’s rights.
  • Defending Judicial Independence: The LSK has consistently advocated for  the independence of the Judiciary. In moments of political tension, the Society has called out attempts by the Executive and other bodies to undermine Judicial autonomy.
  • Election Monitoring: The LSK has played a crucial role in monitoring elections and ensuring that the electoral process is free and fair. The Society has done this by participating in election observation missions and filing legal petitions in cases of election malpractice. The LSK has also been instrumental in advocating for electoral reforms, including the establishment of independent electoral bodies.
  • Civic Education: The LSK has actively engaged in civic education, especially around important constitutional moments, such as elections and referendums. This educational role helps to nurture a culture of democracy where the public is informed about their legal rights and the responsibilities of government.

The LSK has been a sort of guardian of democracy and a strong force for government accountability in Kenya. Through its actions - ranging from legal challenges, advocacy for constitutionalism, defending human rights to promoting reforms - it has made significant contributions to expanding the democratic space in the country and ensuring that the government remains accountable to the people and the Constitution.

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