Arrest of Two Kenyan Lawyers: Law Society of Kenya issues a statement
The Law society of Kenya has called out the the Director of
criminal investigation to release the two Kenyan lawyers arrested by the police.
In a statement issued by the Law Society, obtained by Courtroom Mail,the statement states as follows
The Law Society of Kenya has learned with great disappointment of the arrest of Prof. Tom Ojienda, SC and LSK Representative to the Judicial Service Commission together with Peter Wanyama Advocate for unspecified alledged offenses. The Law Society of Kenya has sought audience with the Director of Criminal Investigation with no avail. We reiterate our call on the DCI to adhere to the Rule of Law while undertaking criminal investivagions of any nature against any person.
The frequent and rampant arrests of citizens on Friday evening without due recourse to constitutional right guaranteed under Article 49(1)(f) which requires an arrested person to be brought before Court as soon as possible and not later than 24 hours after arrest. This kind of practice is objectionable, in bad faith and contrary to Article 157 (11) which requires the DPP to prevent and avoid abuse of the legal process.
I wish to confirm that the Council is taking this matter seriously as it touches on the independence of the legal profession. The Law Society of Kenya Chief Executive Officer together with Council members are on the ground following up on the matter.
Advocates are officers of the Court and should be granted police bond unless there are serious factors mitigating this. We do not consider the current matter as a matter that requires denial of police bond. We urge and call on the DCI to urgently release the two advocates. As officers of Court,advocates have a duty to avail themselves to Court when required to.
Allen W. Gichuhi, C.Arb
President , LSK