The Law Society of Kenya (LSK) has issued a firm and strongly worded statement condemning a wave of “reckless, insensitive and misleading” public comments that have surfaced in the aftermath of the nationwide demonstrations held on June 25, 2025.
Responding to allegations that the Society is advancing a political agenda, the LSK categorically dissociated itself from such claims, terming them as “ill-advised balderdash.”
The legal body emphasized that it remains an independent institution committed solely to the rule of law, the Constitution, public interest, and its membership.
“For the avoidance of doubt, the Law Society of Kenya operates in strict conformity to the statutory framework that governs its mandate,” read part of the statement. “Any suggestion to the contrary is preposterous.”
The LSK reaffirmed that its role, as outlined under Section 4 of the Law Society of Kenya Act, is anchored in objectivity, legal fidelity, and non-partisanship.
The Society also reiterated its constitutional duty to advise all arms of government, public institutions, and citizens on legal matters — a duty it says it has consistently upheld since its inception.
In a pointed criticism, the LSK expressed “great revulsion” over remarks made by Cabinet Secretary for the Ministry of Interior and Coordination of National Government, Mr. Onesmus Kipchumba Murkomen.
The Society took issue with the CS’s apparent support for police conduct during the protests, particularly suggestions that could be construed as endorsing excessive use of force and extrajudicial killings.
“We are disenchanted that a sworn Advocate of the High Court of Kenya and member of the Law Society could, in good conscience, not only encourage belligerence by the police, but worse still, congratulate it,” the LSK stated.
Reminding Mr. Murkomen of his obligations under Chapter 6 of the Constitution and his oath as an advocate, the LSK warned that any form of state-sponsored violence or illegal directives would not go unchallenged.
“The proposition that extrajudicial killings are acceptable, and that the Government supports the same, is an absolute dereliction of duty,” the statement continued.
It further highlighted that lethal force is permitted only under extraordinary circumstances involving imminent threat to life, as prescribed in the National Police Service Act.
The Society issued a stern warning to the National Police Service (NPS), declaring that any action taken based on unconstitutional or illegal directives — including any purported “shoot-to-kill” orders — would be treated as a criminal offense.
It stressed that officers acting outside the bounds of the law would be prosecuted individually, and that command responsibility would fall on the Inspector General where applicable.
“Any unjustified act of aggression, disproportionate use of force, and extrajudicial killing done under the guise of fulfilling this order will be deemed as a deliberate, premeditated crime,” the LSK warned.
The LSK also sought to dispel the notion that Kenya is descending into lawlessness, asserting that police misconduct cannot be justified under any circumstance.
While calling on the youth to exercise their constitutional rights peacefully and lawfully, the Society vowed to continue defending human rights and speaking out against abuses.
“As the voice of the legal profession and custodians of the rule of law, we shall remain persistent in calling out atrocities regardless of the political or institutional cover behind them,” concluded the statement, signed by President Faith Odhiambo and other Council members.
