Motion filed to delist Kithure Kindiki, Kipchumba Murkomen from Roll of Advocates over protest crackdown

Interior CS Kipchumba Murkomen (left) and Deputy President Kithure Kindiki. (Photo: X/Kipchumba Murkomen)

By Lucy Mumbi
Monday, June 30, 2025

The motion accuses the two of gross professional misconduct and violating the Advocates’ Code of Conduct during their tenure as cabinet secretaries responsible for Kenya’s security docket.

A motion has been filed seeking the removal of Interior Cabinet Secretary Kipchumba Murkomen and Deputy President Kithure Kindiki from the Roll of Advocates, over their alleged role in state violence during the Gen Z protests.

A Nairobi-based advocate argues that their continued recognition as lawyers tarnishes the legal profession amid accusations of human rights abuses.

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The motion, filed by lawyer Kepha Ojijo and received by the Law Society of Kenya (LSK) on Monday, accuses the two of gross professional misconduct and violating the Advocates’ Code of Conduct during their tenure as cabinet secretaries responsible for Kenya’s security docket.

Ojijo claims that Kindiki and Murkomen presided over state-sanctioned brutality targeting young protesters, leading to deaths, injuries, abductions and enforced disappearances during the youth-led demonstrations in 2024 and 2025.

“The respondents continue to identify as advocates while overseeing state-sanctioned brutality. This misleads the public and demeans the integrity of the legal profession," reads the motion.

The petition also faults the two for failing to take responsibility or express remorse over the alleged violations. Instead, Ojijo claims, the pair have praised the conduct of law enforcement, despite growing evidence of abuses.

“If the respondents wish to engage in politics, they should do so without wearing the hat of advocates,” Ojijo argues, calling for an urgent special general meeting of LSK members to vote on their removal. He alternatively proposes that the matter be referred to the Advocates Disciplinary Tribunal (ADT).

The petition comes at a time when the LSK is facing mounting pressure from the public over its perceived silence regarding the conduct of the two leaders. Critics say their roles in the violent clampdown on protests have stained the legal profession.

On Monday, former LSK President Nelson Havi joined the chorus of concern, warning that failure to act could damage the reputation of the society.

“The Law Society of Kenya ought to have taken action against CS Murkomen by now. The justification for that action is the number of people who have been shot in police stations, a confirmation that there are indeed officers complying with unlawful and unconstitutional orders issued by Murkomen," Havi said during an interview with Citizen TV.

Under the Advocates Act (Cap 16), a lawyer can be struck off the Roll of Advocates if found guilty of professional misconduct, criminal offences involving moral turpitude, or conduct that brings disrepute to the legal profession.

The ADT, formerly the Disciplinary Committee, has the mandate to investigate such cases. Any individual or institution, including the LSK, can lodge a complaint, and the tribunal may impose penalties ranging from suspension to striking off, following a due process that includes a right to respond and appeal.

Striking off is considered the most serious disciplinary action and can only be overturned after at least five years. Reinstatement requires the individual to demonstrate full rehabilitation, consistent good conduct, and continued respect for the law and legal ethics.

In the case of Kindiki and Murkomen, the LSK argues that their conduct while in public office, marked by alleged constitutional violations and rights abuses, meets the threshold for the most severe disciplinary sanctions.