Why LSK's Faith is under siege

When Faith Odhiambo took office as the President of the Law Society of Kenya (LSK), she promised to stand for rule of law. Indeed, she did during the Gen-Z protests.

The midnight calls, the rushes to court to seek the detained or abducted persons by police and frequenting post-mortem exercises in support of families that lost their loved ones.

She was a heroine during the Gen-Z protests.

Odhiambo spent sleepless nights as her mobile phones incessantly rang with mothers, fathers, brothers, friends, and colleagues raising alarms as they sought help from police cells, while others reported loved ones killed, maimed, or missing.

In March 2024, Odhiambo, 38, made history when she became the 51st President of the Law Society of Kenya (LSK), and the second woman to be elected President after former Cabinet Secretary Raychelle Omamo.

Since then, she has been the most visible and vocal woman, fighting injustices and defending rights crusaders.

However, months towards the end of her stint at the helm of the society, she is being accused of betraying the same people she defended, cried with. She is under siege.

Odhiambo’s decision to take up the role as Vice Chairperson Panel of Experts on Compensation of Victims of Public Protests has drawn criticism.

Ruto appointed Prof. Makau Mutua as the head of the panel, Law Society of Kenya (LSK) President, Faith Odhiambo, as the vice chair.

In addition, he also picked Amnesty International-Kenya Executive Director, Irungu Houghton, former Solicitor General Kennedy Ogeto, Dr John Olukuru, Rev Kennedy Barasa Simiyu, Naini Lankas, Dr Francis Muraya, Juliet Chepkemei, Pius Metto, Fatuma Kinsi Abass, and Raphael Anampiu.

Dr Duncan Ojwang, who declined the President’s nomination to the position of chairperson of the Kenya National Commission on Human Rights, has also been appointed in the 18-member panel. 

The panel will be supported by a technical team led by Richard Barno and Dr Duncan Ndeda, while Jerusah Mwathime Michael and Dr Raphael Ng’etich will serve as joint secretaries.

Nelson Havi said that said LSK is statutory office, and noted it is improper for the president to accept an appointment from the executive.

“It creates a conflict of interest between one's personal goals and one's official duties as president of the Law Society of Kenya,” Havi explained.

He said during his tenure as LSK president, a resolution was passed that the LSK, Council members will not accept appointments from the executive, adding that Faith was in that council.

Havi also noted that courts have determined that the president has no power to appoint task forces.

“To deal with matters that have been set aside to be dealt with by bodies established under the constitution, this task force is likely to be declared null and void, that reason is also improper for her to take up this appointment,” said Havi

He said the government had branded anybody injured or killed during crime was a criminal and questioned how the State turned around and said it wants to compensate victims of post-lease brutality.

Lawyer Charles Kanjama said the LSK president should be cautious about accepting government appointments of this kind.

He however said taskforce is an opportunity to contribute to what Odhiambo has been undertaking, ‘which is supporting the victims of extrajudicial killings, abductions.’

“It is a step towards accountability. I think the president of the LSK will have to be careful because a presidential task force can end up being just an organ that is completely controlled by the executive.

Kanjama said the task force is not the end of the process, noting that it is complementary and that recommendations can contribute towards justice.

He however noted that the decision by Odhiambo could conflict the LSK with regards to cases filed regarding the constitutionality of the task force.

Already there is a case filed before court, challenging the appointment.

Odhiambo finds herself in the left shoe by being dragged to court over an institution that now looks at the issues she complained about.

“As I take up this responsibility, let it be known that I have in no way betrayed your trust. Let it be clear that access to criminal justice remains critical to me in our quest to promote and protect the rule of law as an essential element in the enjoyment of the fundamental human rights and freedoms,” she said.

In her speech on Thursday,  Odhiambo denied that she had betrayed Kenyans. She asserted that her role in the panel is to ensure justice for all the persons who were either maimed or killed.

“Holistic justice requires that as we seek accountability from perpetrators, we remain alive to the needs of Victims, and the difficulty of their lived realities. We have an opportunity to revolutionize how the state treats, deals with, and responds to victims. With unwavering fidelity to the rule of law, I undertake to guard this opportunity fearlessly and ensure no interests other than those of our most vulnerable are served,” said Odhiambo.

Immediate LSK president Eric Theuri termed Odhiambo’s decision as a well-considered move, because she has been at the forefront of agitating for compensation.

“There are however, fears that the process may not be well grounded in law, and also there is the question of whether the panel would be able to address accountability for the persons who are responsible for the injuries that are then subject to compensation,” said Theuri.

He said these considerations have resulted in several criticisms of Odhiambo.

“Do you accept an imperfect appointment with a view to try and perfect it or to decline it all along and maybe lose the opportunity to offer these well-deserving victims a redress that they require?’ said Theuri.

“I think that perhaps those may have been the things that weighed on her mind. Generally speaking, I think quite a number of lawyers are also concerned about that element.”

However, those who deem that her decision was wrong want to hear none of it. They argue that she either decides to stay as the head of LSK or walk away.

A section of lawyers has now written to have Odhiambo removed from office while her X post attracted 1200 comments, with majority expressing disappointment.

Her tenure ends in February 2026, five months from now

“It is a personal decision for Faith Odhiambo to serve Ruto in an unconstitutional Panel of Experts. However, she must resign as the President of LSK, failure to which we will file an urgent motion to eject her as LSK President,” said lawyer Levy Munyeri in his X.

He also sent a letter to Odhiambo, explaining why he was opposed to having her taking up the job and deputizing Makau.

According to him, the panel is illegal as it allegedly usurps the powers of the Kenya National Commission on Human Rights.

He pointed out that the legality test of the body is now before Justice Lawrence Mugambi, in a case filed lawyer Suyianka Lempaa.

“In July 2024, you declined the appointment by President Ruto to serve as a member of an independent taskforce that would audit the country’s debt. Your reasoning for declining that appointment was that in your own assessment, it was unconstitutional since the mandate to conduct public audit rests with the Office of the Auditor General.”

“In this case, you should have drawn a similar conclusion that the mandate to compensate victims of state sponsored violence rests with the KNHRC,” said Munyeri.

In the case, Lempaa said that the scope of their work is not clearly defined, nor was there any public participation on the establishment of a framework for compensation.

“There was no information provided to the public about the intention to establish a coordinating framework for the compensation of victims of protests and riots in the country. Views of the public were never sought about the need for or viability of the framework; and generally, there is no transparency in creation of or establishment of the framework,” argued Lempaa.

While Lempaa was before Justice Mugambi, Nakuru-based surgeon Gikenyi Magare and United Kingdom-based Kenyan Eliud Matindi were before Justice Chacha Mwita over the same appointment.

According to them, the President overstepped his mandate as the issues he wants the panel to address can be sorted by Kenya National Commission on Human Rights (KNCHR), Office of the Director of Public Prosecutions and Inspector General of Police.

They also list Independent Policing Oversight Authority (IPOA), Victims protection agency (VPA), Judiciary(courts)National Cohesion and Integration Commission (NCIC).

“The president has not given the basis of the said action. The purported functions of the impugned Panel are already allocated to bodies established under the Constitution. There is no residual, discretionary powers that the President can use to establish the impugned Panel. The President has therefore acted outside the bounds of the Constitution, in its violation, including under Articles 1(1), 2(2), 10(2) and 129,” argued Gikenyi and Matindi.

They alleged that public funds will be lost if the panel is allowed to proceed with the work. According to them, there is no clarity on how much each will earn and where the money will come from.

“Other than the president, nobody knows the allowances and remuneration of the team members contrary to principles of transparency, accountability and good governance, article 10, 201, and 232(1)(e) of the constitution. And it is not known how the actual members will be selected to the panel since no merit and competition has been applied in selection to the so-called panel, contrary to inter alia article 1,10,73,75 and 232 of the constitution,” they claimed.

Havi questioned when the National Assembly approved the budget for appropriation for the purpose.

Havi explained that any money that are not budgeted for and approved by parliament and are appropriated is stolen.

“That explains why a majority of lawyers think that the members accepting of this appointment was not maybe the best interest of the parties of parliament of this side.”

Munyeri in his letter accused Odhiambo of compromising the LSK’s competences to perform its functions under Section 4 of the LSK Act.

Another lawyer, Francis Wanjiku wrote to the LSK council, seeking a general meeting to discuss whether she can continue sitting as LSK President and serve as the Vice chairperson of the panel.

He anchored his argument on the legality of the panel, Odiambo’s prior rejection of another appointment and the image of the society.

According to him, Odhiambo's acceptance creates a mixed image. He alleged that the talk out there is that the government had infiltrated the LSK leadership.

“This perception, whether substantiated or not threatens to diminish the society’s ability to mobilize support for its advocacy efforts and defend its historical role as a defender of constitutionalism and human rights,” said Wanjiku.

Wanjiku also wants the LSK members to decide whether Odhiambo should continue serving as a president or not.

Accepting the position, Odhiambo hinted that she could resign from the panel if her work is frustrated.

“My loyalty is to the people of Kenya and my colleagues at LSK. Should my efforts be frustrated or undermined in any manner, I am prepared to do the honorable thing in fidelity with the rule of law and the Constitution,” she said after being sworn.

Vocal Africa's Executive Director Hussein Khalid, said Odhiambo's role in the committee is a plus to victims in the search for justice.

"We have to take her word for this. Faith has been an integral member of the movement for many months now. What is clear is that compensation is one of the things we have been demanding for many months now," he said.

"What we were hoping would come before compensation is first justice, arrest of cops and all that. But if we can use the compensation task force appropriately, then maybe it can lead us to justice," he added, even as he acknowledged that compensation is "not satisfactory, hoping that Odhiambo's reasons for taking up the position will be vindicated.

Lawyer Cliff Ombeta said Odhiambo had done nothing wrong.

Kiragu Wathuta, however argued that the President had no powers to establish an office outside the constitution.

He demanded that the LSK council takes up a position on the legality of the panel. He also argued that there are established institutions that can do the same work.

“The acceptance of appointment to this Panel by Ms. Faith Odhiambo Mony, in her personal capacity as President of LSK, invites serious reflection on the implications for the Society’s independence, reputation, and constitutional mandate,” said Wathuta.