LSK warns of constitutional crisis, vows crackdown on corruption and police abuse

The Law Society of Kenya (LSK) has issued a stark warning over the state of the country’s governance, declaring that Kenya is facing “acute constitutional stress” as it unveiled its agenda for the 2026–2028 term.

In a strongly worded inaugural statement, the newly elected council led by President Charles Kanjama said it will prioritise defending the rule of law against threats ranging from corruption to political violence and institutional decay.

“The newly elected Council of the Law Society of Kenya (LSK) assumes office at a moment of acute constitutional stress,” the statement reads.

“As the statutory guardian of the rule of law, the LSK affirms the central commitment that will define our tenure: to defend the constitutional order against all threats, whether arising from corruption, violence, or institutional decay.”

Speaking on behalf of more than 20,000 advocates, the council painted a grim picture of weakening institutions, warning that corruption within the Judiciary poses a direct danger to the Constitution.

Citing findings from the 2025 Ethics and Anti-Corruption Commission survey, the LSK said bribery remains prevalent in judicial processes, with judicial officers reportedly receiving bribes in 5.5 per cent of service interactions.

“Corruption in the Judiciary begets an existential threat to the Constitution itself. When justice is rationed by ability to pay, the rule of law becomes commodified and the Bill of Rights is rendered hollow,” the statement said.

While welcoming ongoing reforms by the Judiciary and the Judicial Service Commission (JSC), the lawyers insisted that enforcement must match policy changes.

They demanded that judges facing serious corruption allegations who obtain court orders to halt investigations should step aside voluntarily.

“This is both an ethical imperative and an institutional necessity,” the council stated.

The LSK also rejected the practice of transferring judicial officers to address misconduct, warning that it undermines accountability.

“We unequivocally reject the practice of using transfers to manage incompetence or corruption. Every part of Kenya deserves judicial officers of integrity and competence,” the statement said.

To tackle the crisis, the council announced a four-point strategy that includes sustained public scrutiny, creation of a confidential feedback system for advocates, strategic litigation, and participation in cases where there is prima facie evidence of misconduct.

On judicial appointments, the LSK raised concerns about the integrity of nomination processes handled by the JSC, citing public allegations of undue influence.

“Merit-based selection is the foundation of judicial independence. Any compromise of the nomination process undermines public confidence in the Judiciary and constitutional governance,” the statement said.

The council called for transparency, safeguards against external interference, and reforms where weaknesses are identified.

Beyond the Judiciary, the lawyers turned their attention to law enforcement, expressing “grave concern” over the recent degazettement of Capitol Hill Police Station infrastructure.

“The rule of law does not contain a carve-out for the powerful. All state action must be grounded in lawful authority, respect court orders, and adhere to constitutional standards,” the LSK said.

It demanded full disclosure on how the decision was authorised and accountability for any breaches of due process.

The council also condemned recent incidents of political violence, warning that the involvement of both criminal elements and law enforcement threatens democracy.

“Political violence, whether perpetrated by goons or enabled by state actors, is antithetical to the constitutional democracy we fought to build,” the statement said.

It added: “When police stand by as goons assault citizens or are deployed to disrupt political activity for partisan interests, they betray their oath.”

The LSK called for independent investigations, prosecution of offenders, and firm oversight by institutions including the National Police Service Commission and the Independent Policing Oversight Authority.

It further pushed for systemic reforms, including strengthening oversight bodies, enforcing discipline within police ranks, and setting clear rules governing conduct during political events.

The safety of lawyers also featured prominently in the statement, with the council raising alarm over cases of abduction and intimidation.

“Advocates must be able to discharge their duties without fear of violence, intimidation or abduction,” the LSK said.

“The safety of advocates is not a professional privilege. It is a constitutional necessity for the functioning of justice.”

Looking ahead to the 2027 General Election, the council urged Kenyans to actively participate in the democratic process by registering as voters through the Independent Electoral and Boundaries Commission (IEBC).

“Democracy is not a spectator sport. It requires citizen participation,” the statement said.

“The vote is the primary instrument through which citizens defend the constitutional order.”

The LSK pledged to support civic education efforts to boost voter registration and awareness.

In its concluding remarks, the council reaffirmed its commitment to confronting wrongdoing and strengthening institutions.

“The rule of law is not self-executing. It requires constant vigilance, institutional courage and collective action,” the statement said.

“This Council accepts that responsibility fully, without reservation, and on behalf of the Kenyan Bar and every citizen who believes Kenya's constitutional promise is worth defending.”