This archive report was first published on 14 December 2019.
On Jamhuri Day, President Uhuru Kenyatta issued a directive that has sent shockwaves through the legal profession, ordering the State Law Office to draft a law to prevent public and state officers from engaging in private businesses while in office.
The move is aimed at addressing the issue of rogue lawyers violating the principles of separation of powers, a problem that has been plaguing the country for years.
According to President Kenyatta, all public and state officers must decide to serve the public in private or public capacities, but not both at the same time.
He noted that the directive is a stinging indictment on the past and current leadership of the Law Society of Kenya (LSK), the Judicial Service Commission (JSC) and law schools, which have failed to protect public interest inherent in the principles of separation of powers.
Among the ranking members of this impunity club feature prominent lawyers who draw salaries as Members of the National Assembly or the Senate, but who also insist on appearing in court to represent clients.
The progressive directive raises the prospects to break the umbilical cord between corruption cartels whose networks thread between Legislature and the Judiciary.
Article 259 of the interpretation of the constitution says in part: “This constitution shall be interpreted in a manner that promotes its purposes and principles... and advances the rule of law...”
How is the rule of law advanced, expanded and honoured when MPs and Senators who enact the laws and enjoy supervisory powers over other institutions to uphold the public interest, also troop to court to defend private interests that conflict with public interest?
During LSK Annual Conference on 17 December 2018, Narc-Leader, Martha Karua, petitioned LSK leadership to convene a public national conference hosted by a university to discuss impact of rogue lawyers in Parliament and JSC acting as if there were no laws to regulate their conduct.
