The Law Society of Kenya (LSK) has warned that the country is facing what it termed “acute constitutional stress,” pledging to defend the rule of law against corruption, political violence and institutional decay as it outlined its priorities for the 2026–2028 term.
In its inaugural statement dated April 14, the newly elected LSK Council said it would act as the “statutory guardian of the rule of law,” cautioning that institutions entrusted with justice were under strain.
“We speak from the centre of Kenya’s legal life, representing over 20,000 advocates who witness daily the erosion of institutions entrusted with the administration of justice,” the statement read.
On judicial integrity, the society raised alarm over corruption risks within the justice system, citing findings from the 2025 EACC National Gender and Corruption Survey, which indicated that judicial officers received bribes in 5.5 per cent of service interactions.
It warned that “corruption in the Judiciary begets an existential threat to the Constitution itself,” adding that when justice is influenced by financial inducement, “the rule of law becomes commodified and the Bill of Rights is rendered hollow.”
The LSK proposed stricter accountability measures, including a call for judges facing serious corruption allegations to “voluntarily suspend their judicial duties pending the conclusion of investigations,” and rejected the use of transfers as a tool to manage misconduct or incompetence.
It also demanded full transparency in judicial administrative decisions, including publication of transfer reasons.
The council further raised concerns over the integrity of the Judicial Service Commission (JSC) nomination process, warning that “merit-based selection is the foundation of judicial independence,” and calling for transparency in addressing allegations of external influence in judicial appointments.
On security and governance, the LSK condemned what it described as unlawful state action, citing the “recent degazettement of Capitol Hill Police Station infrastructure,” and insisting that “the rule of law does not contain a carve-out for the powerful.” It demanded accountability for any breaches of due process and respect for court orders.
The society also expressed concern over rising political violence and alleged misuse of police during public gatherings, stating that such actions are “antithetical to the constitutional democracy we fought to build,” calling for independent investigations and prosecution of those involved.
It further highlighted the safety of advocates, condemning incidents of intimidation and abduction of lawyers, and stating that “the safety of advocates is not a professional privilege. It is a constitutional necessity for the functioning of justice.”
The LSK urged all eligible Kenyans to register as voters ahead of the 2027 General Election, saying “democracy is not a spectator sport,” and reaffirmed its commitment to defend the constitutional order through institutional accountability and civic engagement.