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What is the role of Law Society of Kenya (LSK)
The Law Society of Kenya (LSK) is a professional statutory body that plays a crucial role in the Kenyan legal landscape. Its primary function is to ensure the integrity of the legal profession, advocate for justice, and support legal practitioners and the public.
Table of Contents
Role and Functions of the LSK
Membership and Structure
Key Responsibilities
Advocacy and Representation
Disciplinary Powers
Case Laws
Conclusion
1. Role and Functions of the LSK
The LSK's mission is to empower the legal profession with quality member services and promote the rule of law through advocacy and good governance. It aims to assist the government and the courts in matters relating to legislation, the administration of justice, and the practice of law in Kenya. The LSK also upholds the Constitution of Kenya and advances the rule of law and the administration of justice.
2. Membership and Structure
The LSK comprises all practicing advocates in Kenya, currently numbering over fourteen thousand members. It is governed by a Council elected by its members, which sets policy and oversees the Society's operations. The Council is responsible for electing the LSK President, who serves a two-year term.
3. Key Responsibilities
The LSK has a wide range of responsibilities, including:
Regulation of the Legal Profession: The LSK sets ethical standards for advocates, investigates complaints against them, and disciplines those found to have violated the Code of Ethics.
Legal Education and Training: The LSK advises the government on matters relating to legal education and training, and it also recognizes and approves qualifications obtained outside Kenya for the purpose of practicing law in Kenya.
Access to Justice: The LSK works to ensure that everyone has effective and equal access to legal services. It provides legal aid to the poor and marginalized, and it also advocates for reforms to the justice system that will make it more accessible to all.
Advocacy and Representation: The LSK advocates for the rule of law and the protection of human rights. It represents its members before the government and the courts, and it also participates in public debates on legal issues.
4. Advocacy and Representation
The LSK is a vocal advocate for the rule of law and human rights in Kenya. It has been involved in numerous high-profile cases, including:
The 2017 Presidential Election Petition: The LSK was an amicus curiae in the petition filed by Raila Odinga and Stephen Kalonzo Musyoka challenging the outcome of the 2017 presidential election. The LSK argued that the election was not conducted fairly and that the Supreme Court should nullify the results. The Supreme Court ultimately nullified the election results, leading to a re-run.
The Omtatah Okoiti Cases: The LSK has been involved in several cases brought by Okiya Omtatah Okoiti, a prominent human rights activist, challenging government policies and actions. These cases have included challenges to the constitutionality of the Finance Act, 2023, and the Building Bridges Initiative (BBI).
5. Disciplinary Powers
The LSK has the power to discipline its members for professional misconduct. This includes:
Striking off the Roll of Advocates: The LSK can strike an advocate off the roll of advocates if they are found guilty of serious professional misconduct.
Suspension: The LSK can suspend an advocate from practicing law for a specified period of time.
Reprimand: The LSK can reprimand an advocate for minor professional misconduct.
6. Case Laws
Law Society of Kenya v Attorney General (2019): In this case, the LSK challenged the constitutionality of the Wildlife Conservation and Management Act, 2013. The LSK argued that the Act violated the rights of communities living near wildlife conservation areas. The High Court ruled in favor of the LSK, declaring several sections of the Act unconstitutional.
Raila Amolo Odinga & Stephen Kalonzo Musyoka v Independent Electoral and Boundaries Commission (2017): This case involved the 2017 presidential election petition. The LSK was an amicus curiae in the case, arguing that the election was not conducted fairly. The Supreme Court ultimately nullified the election results, leading to a re-run.
Trusted Society of Human Rights Alliance v Mumo Matemo (2013): This case involved a challenge to the constitutionality of the Public Procurement and Asset Disposal Act, 2015. The LSK argued that the Act violated the right to access information. The High Court ruled in favor of the LSK, declaring several sections of the Act unconstitutional.
7. Conclusion
The Law Society of Kenya plays a vital role in ensuring the integrity of the legal profession, promoting the rule of law, and protecting the rights of Kenyans. It is a powerful advocate for justice and accountability, and it continues to play a crucial role in shaping the legal landscape in Kenya.
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Answered by mwakili.com