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LSK calls nationwide lawyers’ march Friday after deaths of 2 advocates

Legal NewsKenya·Capital FM Kenya·Briefly Analysis

Abstract

The Law Society of Kenya (LSK) has called for a nationwide advocates' march on Friday, July 10, 2026, in response to the recent deaths of advocates Edward Muthee Kariuki and Esther Wairimu Keige. This collective action aims to demand justice, accountability, and enhanced protection for legal professionals across the country. The LSK emphasizes that attacks on advocates undermine the administration of justice and the rule of law, urging the State to fulfill its constitutional obligation to safeguard lives and ensure prompt, impartial investigations into these heinous acts. The march underscores the legal fraternity's unwavering commitment to defending the independence and safety of its members.

Introduction

The legal fraternity in Kenya is once again confronted with a profound challenge to its safety and independence, following the tragic deaths of advocates Edward Muthee Kariuki and Esther Wairimu Keige. In a decisive move, the Law Society of Kenya (LSK) has declared Friday, July 10, 2026, a national day of solidarity for the legal profession, calling for a Nationwide Advocates' March for Justice. This urgent call to action, emanating from the LSK President, seeks to galvanize legal professionals across the country to demand justice, accountability, and enhanced protection for advocates, whose work often places them in precarious situations.

This article delves into the legal and constitutional underpinnings of the LSK's protest, examining the statutory mandate of the Society, the constitutional rights implicated, and the broader implications for the rule of law and the administration of justice in Kenya. The recurring nature of threats and violence against legal professionals necessitates a critical review of existing protection mechanisms and the state's responsiveness to such egregious violations.

The LSK's march is not merely a demonstration of grief or anger; it is a potent assertion of the legal profession's role as a guardian of the Constitution and a demand for the State to uphold its fundamental duties. The collective voice of advocates aims to highlight the systemic vulnerabilities within the justice system and press for concrete measures to ensure that legal professionals can discharge their duties without fear of reprisal or harm.

Background

The Law Society of Kenya (LSK) is established under the Law Society of Kenya Act, 2014, with a broad mandate that extends beyond the mere regulation of legal practitioners. Its core objects include advising and assisting members of the legal profession, the government, and the public on matters relating to the administration of justice, protecting and promoting the interests of advocates, and upholding the Constitution and the rule of law. Membership in the LSK is a prerequisite for practising as an advocate of the High Court of Kenya, underscoring its central role in maintaining professional standards and advocating for the profession's welfare.

At the heart of the LSK's current demands are fundamental rights enshrined in the Constitution of Kenya, 2010. Article 26 guarantees every person the right to life, while Article 29 ensures freedom and security of the person, including the right not to be subjected to any form of violence from either public or private sources. Furthermore, Article 48 guarantees access to justice for all. The right to assemble, demonstrate, picket, and present petitions peaceably and unarmed is explicitly protected under Article 37 of the Constitution.

This is not the first time the LSK has resorted to nationwide protests to highlight the perils faced by its members. A poignant historical precedent is the 2016 case involving the abduction and murder of human rights lawyer Willie Kimani, his client Josephat Mwenda, and their taxi driver Joseph Muiruri, allegedly by police officers. That incident triggered widespread outrage and similar calls for justice and protection from the LSK, demonstrating a recurring pattern of threats to the safety of legal professionals, particularly those involved in sensitive human rights or criminal justice cases.

Analysis

The recent deaths of advocates Edward Muthee Kariuki and Esther Wairimu Keige underscore a critical gap in the specific legal protection afforded to legal professionals in Kenya. While the Constitution of Kenya, 2010, guarantees the right to life and security of the person for all citizens under Articles 26 and 29 respectively, there is no distinct legislative framework specifically designed to protect advocates from targeted violence or intimidation in the course of their duties. Attacks on advocates are not merely individual tragedies; they represent a direct assault on the rule of law, judicial independence, and the constitutional right to access to justice under Article 48, as they deter legal professionals from fearlessly representing their clients, especially in cases involving powerful interests or state actors.

The LSK's call for a nationwide march is a legitimate exercise of the constitutional right to freedom of assembly, demonstration, picketing, and petition, as enshrined in Article 37 of the Constitution. However, the exercise of this right is often subject to the provisions of the Public Order Act (Cap 56), which requires organizers of public gatherings to notify the police in advance and empowers the police to impose conditions or even prohibit such gatherings. This Act has historically been criticized for its potential to infringe on the right to peaceful assembly, leading to tensions between protesters and law enforcement.

Kenyan jurisprudence has, however, affirmed the supremacy of constitutional rights over restrictive legislation. In *Coalition for Reform and Democracy (CORD) v. Inspector General of Police*, the High Court of Kenya affirmed the right of citizens to peaceful assembly and emphasized the duty of the police to facilitate rather than suppress such assemblies. Similarly, in *Coalition for Reform and Democracy (CORD) & another v Republic of Kenya & another* [2015] eKLR, the High Court suspended several clauses of the Security Laws (Amendment) Act, 2014, that were deemed to limit fundamental freedoms, reinforcing the principle that any limitation on rights must be reasonable and justifiable in an open and democratic society. These judicial pronouncements provide a strong legal basis for the LSK's peaceful protest, asserting that the right to demonstrate is a vital component of a democratic society.

The LSK's demand for a high-level multi-agency investigative team, comprising the Directorate of Criminal Investigations (DCI) and other relevant agencies, reflects a perceived lack of confidence in standard police investigations when legal professionals are victims. The National Police Service Act, 2011, outlines the functions and powers of the police, including maintaining law and order and investigating crimes. However, the historical context of cases like Willie Kimani's, where police officers were implicated, highlights the need for independent and thorough investigations to ensure public trust and accountability. The LSK's consistent advocacy, including recent protests against presidential remarks undermining judicial independence, demonstrates its commitment to safeguarding the entire justice system.

Conclusion

The Law Society of Kenya's call for a nationwide advocates' march is a critical moment for the legal profession and the rule of law in Kenya. It serves as a stark reminder that the safety and independence of advocates are not merely professional concerns but fundamental pillars of a just and democratic society. The State has an undeniable constitutional obligation to protect its citizens, and this duty extends unequivocally to legal professionals who, by the very nature of their work, often stand at the frontline of defending rights and upholding justice.

For practising attorneys and legal professionals, this event underscores the inherent risks associated with their calling and the imperative for collective solidarity. It highlights the need for continued vigilance and advocacy for robust legislative and policy frameworks that specifically address the protection of advocates. Practitioners should remain informed about their rights during protests and continue to leverage the LSK's platforms for collective action and engagement with state organs. Moving forward, the legal fraternity must watch closely for the government's response to these demands, particularly regarding the establishment of independent investigative mechanisms and concrete measures to enhance advocate safety. The LSK's steadfast commitment to these principles will be crucial in ensuring that the tragic deaths of advocates Edward Muthee Kariuki and Esther Wairimu Keige, and others before them, lead to meaningful and lasting reforms.

Citations

  1. 1.Constitution of Kenya, 2010
  2. 2.Law Society of Kenya Act, 2014
  3. 3.Advocates Act (Cap 16, Laws of Kenya)
  4. 4.Public Order Act (Cap 56, Laws of Kenya)
  5. 5.National Police Service Act, 2011
  6. 6.Coalition for Reform and Democracy (CORD) & another v Republic of Kenya & another [2015] eKLR
  7. 7.Capital FM Kenya, "LSK calls nationwide lawyers’ march Friday after deaths of 2 advocates" (July 8, 2026)
  8. 8.The Star, "LSK to hold nationwide advocates' march over killing of two lawyers" (July 8, 2026)
  9. 9.AllAfrica.com, "Kenya: LSK Demands Swift, Impartial Probe After Advocate Found Murdered Outside Athi River Home" (July 6, 2026)
  10. 10.AllAfrica.com, "Kenya: Lawyers, Activists Hold Countrywide Protests Over Willie Kimani" (July 4, 2016)
  11. 11.HRD Memorial, "Willie Kimani" (June 23, 2016)
  12. 12.Front Line Defenders, "Case History: Willie Kimani" (July 2, 2016)
  13. 13.YouTube, "LSK: We Will Not Allow Harassment of Lawyers" (June 21, 2023)
  14. 14.The Law Society of Kenya, "LSK Peaceful Protest Condemning Utterances by the Head of State against The Judiciary" (January 24, 2024)