Faith Odhiambo under pressure to resign from LSK over protest panel role

A fresh storm has erupted in the legal fraternity after Law Society of Kenya (LSK) President Faith Odhiambo accepted an appointment as vice chairperson of a presidential panel on protest victims.

Several advocates have declared that her position is unconstitutional, compromises the society’s role as an independent watchdog, and exposes her to a conflict of interest.

The special panel, chaired by legal scholar Makau Mutua, was unveiled by President William Ruto on August 6 and later formalised through a gazette notice on August 25.

Its task is to oversee the process of compensating victims of recent protests. Mutua’s appointment is already facing a legal challenge in court, adding to the mounting controversy.

In letters sent on September 4 and 5, advocates Levi Munyeri, Paul Kiragu Wathuta and Francis Wanjiku separately accused Odhiambo of abandoning the LSK’s core mandate.

“The panel's mandate belongs to the Kenya National Commission on Human Rights (KNCHR), and your acceptance weakens the LSK's statutory functions,” Munyeri wrote.

Wathuta took issue with the manner in which the panel was formed, insisting that President Ruto lacked the authority to establish it without the involvement of the Public Service Commission (PSC).

“Your participation raises questions on how the LSK can defend the Constitution while its leader sits in an unconstitutional body,” he noted.

Wanjiku warned that Odhiambo’s involvement could drag the society into the orbit of the executive, weakening its independence.

He called on the LSK Council to summon an extraordinary general meeting to deliberate on her leadership. “Members should decide if you can continue in office given the perception of compromised leadership,” he stated.

Munyeri has been the most outspoken, insisting that Odhiambo must step down from her position as LSK boss if she wishes to remain on the panel.

In a statement issued on September 5, he threatened to file a petition to remove her from office.

“It is a personal decision for Faith Odhiambo to serve Ruto in an unconstitutional panel of experts. However, she must resign as the president of LSK, failure to which we will file an urgent motion to eject her as LSK President,” he declared.

He argued that by taking up the role, Odhiambo had breached both the Constitution and the Law Society’s own statutes.

He further said that the panel’s work mirrored that of the KNCHR, which already receives complaints and seeks redress for rights violations. “Patently, the president of LSK has taken an oath to serve in a Panel of Experts that is anchored on unconstitutionality,” Munyeri remarked.

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The advocate also pointed to what he called an inconsistency in Odhiambo’s conduct. He recalled that in July 2024, she turned down a presidential appointment to an Independent Taskforce on public debt, citing unconstitutionality since the Auditor General held that mandate.

“In this case, you should have drawn a similar conclusion that the mandate to compensate victims of state-sponsored conflict rests with the KNCHR,” he added.

According to Munyeri, Odhiambo’s dual roles create a direct conflict of interest. “By purporting to serve as the LSK President and President Ruto's appointee, you have compromised the competencies of the LSK to perform its functions under Section 4 of the LSK Act,” he said.

Amid the criticism, the LSK president has stood firm.

On Thursday, she dismissed accusations of betrayal and insisted her choice was made in the best interest of the victims. “I have today chosen a bold but unpopular step,” she said.

“Some of my colleagues in the legal profession may not like this move, and thousands of Kenyans have voiced their reservations. However, my focus will remain on the victims,” Odhiambo said.

She further assured the public that she would stay accountable and transparent throughout the process. “

The demises and injuries suffered during the protests must never be in vain,” she said, pledging regular updates on the panel’s work and a commitment to safeguard justice and the rule of law.