Last Friday, the Law Society of Kenya marched in the streets around the Supreme Court in protest against President Ruto's remarks that he will not honour court decisions stalling public projects.
Granted, the mission of the LSK is to promote quality and robust legal practice and the rule of law. On many occasions, opposition leader Raila Odinga has been on record stating that he has been asked to demonstrate and has refused to do so.
I think that the LSK is trying to create a revolution by rounding up public discontentment and trying to capitalise on it for selfish gains. The move is ill-advised and appears to be driven by lawyers who want to make a name for themselves ahead of the LSK elections.
I am a proud lawyer who graduated from the University of Nairobi. But I refuse to subscribe to populist measures being undertaken by the society. Yes, they have the right to demonstrate and oppose the government, but why now?
Kenyan lawyers have a long and proud history of upholding the rule of law and defending the rights of all citizens, regardless of their political affiliation. Many prominent lawyers participated in this country’s second liberation, successfully fighting against one-party rule.
However, in recent years, there has been a growing trend of lawyers becoming more involved in partisan politics that do not seek to help the country. This is a dangerous development that threatens to undermine the independence of the legal profession and the integrity of the justice system.
Kenya's vibrant political landscape pulsates with passionate opinions, fiercely defended positions, and, yes, the alluring call of choosing sides. This call, however, rings loudest for those who hold immense power in the shaping of public discourse—lawyers.
Yet, it is precisely because of their vital role in upholding the rule of law and safeguarding justice that Kenyan lawyers must resist the siren song of partisanship.
Impartiality is the bedrock of legal practice. Lawyers, whether navigating courtroom battles or advising clients, must be seen as objective instruments of the law, not pawns in a political game.
Public trust in the legal system hinges on this neutrality. Imagine a lawyer defending a human rights case with one eye on their party's agenda – the scales of justice would tilt precariously, eroding the very foundation of a fair society.
By picking sides, lawyers risk weaponising their legal expertise. Political affiliation can colour legal interpretations, turning arguments into tools for partisan ends.
Lawyers are duty-bound to represent their clients to the best of their ability, regardless of their personal beliefs or political affiliations. If a lawyer is also a political activist, it is difficult to see how they can be impartial in representing clients who have opposing political views.
This politicisation of the legal sphere weakens its independence, making it susceptible to manipulation and undermining its ability to serve as a check on power. A Judiciary embroiled in political battles is ill-equipped to protect the rights of all citizens, regardless of their political leanings.
Furthermore, lawyers stand at the intersection of diverse communities and ideologies. They represent clients from across the political spectrum, each with their legitimate claims and grievances.
Picking sides alienates a significant portion of their potential clients, hindering access to justice and fostering divisions within society. Lawyers must be bridges, not walls, in the complex tapestry of Kenyan society.
Embracing political neutrality empowers lawyers to be powerful agents of positive change. By focusing on upholding the law and advocating justice, lawyers can hold all political actors accountable, regardless of affiliation.
They can push for fair elections, champion human rights and challenge unconstitutional practices – all without the constraints of partisan blinders.
The call to remain above the political fray is not a call to apathy or silence. It is a call to a higher purpose, one where lawyers stand as guardians of the legal system, defenders of individual rights and architects of a just and equitable society.
Kenya's future hinges on a legal system that is independent, impartial and accessible to all. Let its architects rise above the fray and build a nation where justice, not political allegiance, reigns supreme.
When lawyers are seen as being more interested in advancing their political agendas than in upholding the law, it erodes public trust in the justice system.