NAIROBI, Kenya – The Law Society of Kenya (LSK) has ordered a professional misconduct review of Mukurweini MP John Kaguchia and Homa Bay Town MP Peter Kaluma over remarks allegedly linked to incitement and inflammatory political rhetoric.
LSK President Charles Kanjama, SC, said on Wednesday, August 19, that the Society was concerned about remarks attributed to the two legislators, who are both advocates, which had been widely circulated and reported as inflammatory.
The professional body said it would examine the statements independently of any criminal investigations that may be undertaken by state agencies.
“Political office does not suspend professional obligations,” LSK said, stressing that an advocate’s professional responsibilities continue even when the individual holds an elective political position.
The Society further noted that freedom of political expression does not extend to incitement to violence or hatred.
LSK gives ethics panel 14 days
LSK has directed its Practice Standards and Ethics Committee, through its Ethics and Disciplinary Liaison Sub-Committee, to review publicly available material relating to the remarks.
The committee has been given 14 days to determine whether the statements disclose a case of professional misconduct under Section 60(1) of the Advocates Act.
The provision addresses conduct considered “disgraceful or dishonourable” and incompatible with the status of an advocate.
If the committee establishes a prima facie case, it will be required to lodge or facilitate formal complaints against Kaguchia and Kaluma before the Advocates Disciplinary Tribunal.
The committee has also been directed to pursue any resulting disciplinary proceedings to their conclusion and report its progress to the LSK Council within 30 days.
Any attempt to interfere with or delay the review is to be reported immediately.
Criminal investigations separate from LSK process
The Society clarified that its professional disciplinary process is separate from any criminal investigation or prosecution that may arise from the legislators’ remarks.
LSK said criminal investigations and prosecutions remain the responsibility of the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP) and the courts.
The distinction means the two MPs could face separate professional and criminal processes depending on the nature of the allegations and the evidence gathered by the respective institutions.
The LSK review, however, will focus specifically on whether their conduct meets the threshold for professional misconduct under the Advocates Act.
Advocates warned over political remarks
The Society also issued a broader warning to lawyers who participate in political activities, particularly as Kenya approaches the 2027 General Election.
LSK cautioned its members against making what it described as “inciteful, threatening or divisive utterances”, especially during the politically sensitive electoral period.
The professional body said it would not remain silent when advocates allegedly use their public positions in ways that could inflame tensions.
It warned that serious disciplinary sanctions could be imposed if professional misconduct is established through the required process.
Possible sanctions include suspension from legal practice or striking an advocate off the Roll of Advocates, subject to evidence and due process.
LSK promises political neutrality
LSK said its disciplinary process would remain politically neutral and insisted that political affiliation would not influence its decisions.
The Society said it “will not shield an advocate because of political affiliation, nor condemn one because of it.”
It added that the same professional standards would apply to Kaguchia and Kaluma “without exception and without delay.”
The review comes amid heightened political tensions ahead of the 2027 elections, with authorities and oversight bodies increasingly scrutinising public statements by political leaders over concerns about incitement and potential political violence.
For Kaguchia and Kaluma, the LSK process now creates a separate professional accountability track, with the first determination expected within 14 days of the Society’s directive.
