Court strikes out LSK President Faith Odhiambo from consolidated rights petitions
The court held that her withdrawal from the role rendered moot the allegations that her appointment amounted to a conflict of interest under Chapter Six of the Constitution, the Leadership and Integrity Act, and the Conflict of Interest Act.
The High Court in Kerugoya has allowed an application by Law Society of Kenya (LSK) President Faith Odhiambo to be struck out as a party from two consolidated constitutional petitions challenging the appointment and composition of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests.
Justice Edward M. Muriithi ruled that Odhiambo's continued inclusion in the suits- Petition Nos. E011 and E014 of 2025- were unjustified following her resignation from the panel in question on October 6, 2025.
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The court held that her withdrawal from the role rendered moot the allegations that her appointment amounted to a conflict of interest under Chapter Six of the Constitution, the Leadership and Integrity Act, and the Conflict of Interest Act.
Odhiambo, who had been named the 10th respondent in Petition E011 of 2025 and the 4th respondent in Petition E014 of 2025, filed the application under the Mutunga Rules seeking to be struck out as a party.
She argued that she no longer held any position on the panel after her resignation, which was later formalised by the government through Gazette Notice No. 7904 of November 4, 2025.
Two petitioners opposed the application. The second petitioner contended that Odhiambo should remain in the case due to alleged contempt of court arising from the panel's activities despite existing conservatory orders.
The third petitioner maintained that her dual role as LSK President and panel member violated constitutional integrity provisions and that she could not separate her personal capacity from her official one.
However, Justice Muriithi found no evidence linking Odhiambo to any alleged contempt, noting that the affidavit raising the issue had been sworn by the panel's joint secretary, not by Odhiambo herself. The judge further observed that contempt proceedings, if any, could only be directed at those who remained members of the panel after her resignation.
"The central question on the propriety of the appointment of the LSK President to the panel can still be fully adjudicated upon without the applicant being a party," the judge ruled. He added that the LSK remains a party to the proceedings and that Odhiambo's personal participation was unnecessary.
The court allowed the application as prayed, striking out Faith Odhiambo as a respondent in both petitions. Justice Muriithi directed that each party bear its own costs, with the matter to proceed against the remaining respondents.
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