Kenya: LSK Faults DCI for Arresting Advocates While Executing Their Duties

Nairobi — The Law Society of Kenya has condemned the police and the Directorate of Criminal Investigations (DCI) for arresting advocates while undertaking their mandate.

In a statement on Monday, LSK President Eric Theuri said that they have received several complaints where the of DCI has recommended charges against advocates for discharging their professional duty.

"We are concerned that this increased trend is intended to frustrate the ability of our members to render competent services to the public and the actions constitute a threat to the rule of law and the administration of justice," the statement reads.

"We call on the office of the DPP and DCI to ensure all lawyers are able to assist their clients without intimidation, hinderance, harassments and without threats, prosecutions or sanctions for any action they take in accordance to recognized to professional duties and ethics."

He claimed that charges on advocates are approved by the Director of Public Prosecutions even though those advocates have complied with internationally recognized professional duties and standards of practice and ethics.

Theuri further said that advocates should not be identified with their clients or their client's causes because of discharging their functions.

He said they should be able to practice their profession safely and be free from improper interference and fear of reprisals.

"Advocates play a vital role in upholding the rule of law and their work is indispensable for public confidence in the administration of justice and to guarantee access to justice for all," Theuri said.

Theuri added that the government should take all reasonable steps to guarantee the security of Advocates as they undertake their duties including the eradication of any threats or intimidation in the course of duty.

He urged the office of DPP to uphold their oath of office and independently apply the decision to charge guidelines.

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