The Law Society of Kenya (LSK) wants a court to stop alleged harassment and arrest of advocates over work-related matters.
The lawyers’ body filed the suit on Monday asking the court to compel sued parties to have advocates released on free bond on the basis of personal cognisance whenever they are arrested over work-related issues.
The sued parties are: Director of Public Prosecution, Director of Criminal Investigation, Inspector General of Police, Attorney-General and the Chief Justice.
“Most disturbing is the incarceration of advocates while denying them the option of bail/bond despite being officers of the court.
Allowing this trend is an a front of the rule of law,” said LSK chief executive Mercy Wambua.
In case documents, LSK argues that lawyers are mandated to charge legal fees for services rendered as per the Advocates Act.
Ms Wambua said lawyers are mandated by law to act on behalf of clients as well as maintain confidentiality unless there exists fraudulent allegations.
The lawyers’ body alleges that some of their colleagues have been subjected to arbitrary arrests and prosecution in what they perceive as a show of might.
They want the matter certified urgent and heard on a priority basis.
Prof Tom Ojienda is the most recent lawyer to be arrested but he managed to obtain temporary orders to block his prosecution.
There are other lawyers too who have been arrested and charged with drunk-driving and fraud-related charges.
By Daily Nation