Lawyers clash with LSK President over role in protest victims panel

Lawyers are demanding that Law Society of Kenya (LSK) President Faith Odhiambo resign from her position after accepting an appointment by President William Ruto to serve as vice chairperson of a panel on protest victims.

The advocates argue that her decision is unconstitutional, compromises the independence of the society, and creates a conflict of interest in its role of holding the state accountable.

In separate letters dated September 4 and 5, 2025, three advocates—Levi Munyeri, Paul Kiragu Wathuta and Francis Wanjiku—faulted Odhiambo’s decision to join the panel, which was created through a presidential proclamation on August 6 and later gazetted on August 25. The panel is chaired by Makau Mutua, whose appointment is also facing a court challenge.

“The panel's mandate belongs to the Kenya National Commission on Human Rights and your acceptance weakens the Law Society's statutory functions,” argued Munyeri.

Wathuta said President Ruto acted without authority in creating the team. “Your participation raises questions on how the Law Society can defend the Constitution while its leader sits in an unconstitutional body,” he stated.

Wanjiku also questioned Odhiambo’s position, saying it risks aligning the society with the executive. He called on the LSK Council to convene an extraordinary general meeting. “Members should decide if you can continue in office given the perception of compromised leadership,” he warned.

Munyeri went further, declaring that Odhiambo must step down from the LSK leadership if she intends to remain in the panel.

In a statement released on Friday, September 5, he threatened to seek her removal if she failed to resign.

“It is a personal decision for Faith Odhiambo to serve Ruto in an unconstitutional Panel of Experts,” he said. “However, she must resign as the President of LSK, failure to which we will file an urgent motion to eject her as LSK President.”

He accused Odhiambo of breaching the Constitution and the LSK Act by taking up the position, adding that the panel’s work duplicated the functions of the Kenya National Commission on Human Rights (KNCHR). He noted that KNCHR is mandated to receive and investigate complaints about alleged human rights violations and to pursue redress, which was the core mandate assigned to the panel.

“Patently, the President of LSK has taken an oath to serve in a Panel of Experts that is anchored on unconstitutionality,” Munyeri said.

He also pointed out what he called an inconsistency in Odhiambo’s actions.

In July 2024, she declined an appointment by Ruto to serve in an Independent Taskforce on public debt, arguing then that it was unconstitutional since the mandate belonged to the Office of the Auditor General.

“In this case, you should have drawn a similar conclusion that the mandate to compensate victims of state-sponsored conflict rests with the KNCHR,” he argued.

Munyeri further raised the issue of conflict of interest, saying Odhiambo’s dual roles undermined the LSK’s ability to discharge its functions.

“By purporting to serve as the LSK President and President Ruto's appointee, you have compromised the competencies of the LSK to perform its functions under Section 4 of the LSK Act,” he noted.

Despite the uproar, Odhiambo has stood by her decision.

On Thursday, she dismissed claims of betrayal and insisted her acceptance was guided by the need to ensure justice for victims of protests. She emphasised that she would remain accountable and transparent in her work with the panel.

“I have today chosen a bold but unpopular step,” she admitted. “Some of my colleagues in the legal profession may not like this move, and thousands of Kenyans have voiced their reservations. However, my focus will remain on the victims.”

Odhiambo further stated that the lives lost and injuries sustained during the demonstrations must not be in vain. She pledged to consistently update the public on the panel’s work, stressing her commitment to justice and the rule of law.