NAIROBI, Kenya — The Law Society of Kenya (LSK) has raised alarm over a surge in alleged sexual harassment cases within the legal profession, warning that existing disciplinary frameworks are inadequate to hold perpetrators accountable.
In an official statement dated February 9, LSK President Faith Odhiambo said the complaints, widely shared on social media, point to a troubling pattern in which senior advocates allegedly prey on junior colleagues, including associates, interns, and pupils, both in law firms and non-governmental organisations.
LSK condemned all forms of sexual harassment, terming them violations of professional ethics, abuse of power, and criminal conduct under Kenyan law.
“Such behaviour amounts to professional misconduct and criminal activity,” Odhiambo said.
Policy Without Teeth
The Society noted that it adopted the Sexual Harassment and Anti-Bullying Policy (SHABP) in 2019 to promote safe and respectful workplaces within the profession. The policy applies to all legal practitioners, pupils, and students, and covers conduct occurring both inside and outside the workplace.
However, LSK acknowledged that enforcement of the policy has faced serious challenges.
Complaints are ordinarily filed with the Advocates Complaints Commission (ACC) or the Advocates Disciplinary Tribunal (DT), which operates independently of the LSK Council. But a recent ruling by the Tribunal on November 27, 2025, declined jurisdiction over a major sexual harassment complaint, holding that such conduct constitutes a criminal matter to be handled exclusively by the courts.
LSK said the decision exposed a critical gap in the regulatory framework governing advocates.
“The ruling demonstrates the need for legislative backing of the SHABP, rather than relying on internal policy instruments,” the Society said.
Push for Legal Reform
To address the gap, LSK said it will pursue amendments to the Advocates Act to explicitly define sexual harassment as professional misconduct and strengthen the disciplinary mandate of the Tribunal.
The Society stressed that professional discipline and criminal accountability should operate concurrently, not as alternatives.
Victims, LSK advised, should pursue dual reporting — lodging complaints with disciplinary bodies while also reporting to the police for investigation under the Sexual Offences Act.
Support for Victims
LSK said it will activate support mechanisms for victims through its Gender Committee.
These include free counselling services offered through the Advocates Benevolent Association, partnerships with FIDA-Kenya to facilitate independent investigations, and engagement with the Witness Protection Agency for victims facing intimidation or retaliation.
The Society acknowledged that fear of reprisals, career stagnation, and stigma continue to discourage formal reporting within the profession.
Firm-Level Accountability
Beyond disciplinary and criminal processes, LSK is proposing mandatory compliance measures at the firm level. These include requiring law firms to adopt a standardised sexual harassment and anti-bullying policy as a condition for practising certificate renewal.
The Society is also rolling out training webinars and awareness programmes to sensitise advocates on ethical conduct, power dynamics, and reporting mechanisms.
LSK warned that unchecked harassment erodes public trust in the legal profession and undermines access to justice.
“Sexual harassment is both a professional and criminal issue that corrodes the integrity of the legal field,” Odhiambo said, calling for collective responsibility across institutions and individuals.
