LSK Moves to Take Disciplinary Action Against MPs Kaguchia and Kaluma

The Law Society of Kenya (LSK) has directed its ethics committee to review remarks attributed to MPs John Kaguchia and Peter Kaluma and determine whether they amount to professional misconduct.

In a statement, LSK said the two lawmakers, who are also advocates, remain subject to professional and ethical obligations despite holding political office.

The review follows remarks that have been widely circulated and reported as inciteful, with LSK warning that political office does not exempt advocates from the standards governing their profession.

LSK Orders Review of MPs’ Remarks

The Practice Standards and Ethics Committee, through its Ethics and Disciplinary Liaison Sub-Committee, has been directed to examine the publicly available record of the remarks within 14 days.

It will determine whether the conduct attributed to the two MPs raises a case of professional misconduct under Section 60(1) of the Advocates Act.

LSK said the move forms part of its responsibility to uphold professional and ethical standards among advocates, regardless of their political positions.

Also Read: Gachagua, Duale Among Top Leaders Under NCIC Investigation Over Hate Speech

Disciplinary Proceedings Could Follow

If the committee establishes a prima facie case (a case with enough evidence to warrant further action), LSK will facilitate formal complaints against the two advocates before the Advocates Disciplinary Tribunal.

The Society said the process would be pursued to its conclusion and that the committee must report its progress to the LSK Council within 30 days.

Depending on the evidence and outcome of the disciplinary process, an advocate found culpable could face sanctions including suspension from practice or being struck off the Roll of Advocates.

Remarks That Triggered Scrutiny

Kaguchia has faced scrutiny over remarks made during a political gathering in Kieni, Nyeri County, concerning people who support President William Ruto ahead of the 2027 General Election.

Kaluma, on the other hand, has drawn attention over remarks made ahead of an opposition political rally in Homa Bay.

His comments included calls for action against people promoting a “one-term” campaign and instructions concerning hotels and houses where political groups were staying.

Also Read: LSK Warns of Vote Buying, Intimidation Ahead of Ol Kalou By-Election

LSK Separates Professional and Criminal Action

LSK clarified that any criminal investigation or prosecution arising from the remarks remains the responsibility of the Directorate of Criminal Investigations, the Office of the Director of Public Prosecutions and the courts.

The Society’s role is limited to determining whether the conduct amounts to professional misconduct and taking disciplinary action where the law and evidence support such action.

It also warned advocates against making divisive, threatening or inciting statements, particularly during the ongoing political period.

LSK maintained that it would apply the same professional standards to all its members without regard to political affiliation or position.

“The same professional standard, and the same process, apply to every member,” the Society said.

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LSK President Charles Kanjama. PHOTO/X