Nairobi — The Law Society of Kenya (LSK) wants the Independent Electoral and Boundaries Commission (IEBC), the Ethics and Anti-Corruption Commission (EACC), and other state institutions to be compelled to establish and enforce a code of ethics for Members of Parliament (MPs).
The petition filed before the High Court argues that the absence of a robust ethical framework has allowed impunity to flourish in Kenyan politics, undermining constitutional demands for accountability and integrity among public leaders.
"This Petition recognises and responds to the need to disrupt the unchecked corruption that has become characteristic of Kenya's political scene. The accountability and integrity requirements under our Constitution are key to the standard of governance contemplated by the people of Kenya. Our institutions must remain alive to their power and discharge their duties without fear or favour," LSK President Faith Odhiambo said.
The LSK's legal action calls for immediate reforms, including the development of a specific code of conduct for legislators and other elected officials.
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The society is seeking court orders to compel the EACC and the Registrar of Political Parties to create a framework that addresses the ethical conduct of MPs, ensuring that breaches result in severe consequences, such as criminal charges and loss of remuneration.
Additionally, the LSK is pushing for a declaration that Kenyan citizens are constitutionally obligated to provide information about the integrity of candidates seeking elective positions before the IEBC clears them to run.
The LSK points to the 2022 general elections as a glaring example, where the EACC flagged 241 aspirants with corruption or integrity issues, yet most were permitted by the IEBC to run for office.
Named in the lawsuit alongside the IEBC and EACC are the Registrar of Political Parties, the Parliamentary Service Commission (PSC), the National Cohesion and Integration Commission (NCIC), and the Attorney-General.
The LSK accuses these bodies of neglecting their constitutional duty to ensure that only individuals of high moral standing occupy public office. According to the petition, the absence of a tailored code of ethics, despite the enactment of the 2010 Constitution, has perpetuated a culture of "haphazard, escalating, and incendiary behavior" among elected officials.
The LSK contends that the Leadership and Integrity Act and the Public Officer Ethics Act, which were intended to guide ethical conduct, have not been effectively implemented.
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The petition notes that in the 15 years since the Constitution's adoption, oversight agencies have failed to consistently apply integrity laws, resulting in flawed vetting processes and inadequate scrutiny of candidates.
