The Law Society of Kenya (LSK) has come out strongly against the Directorate of Criminal Investigations (DCI), accusing it of harassment and intimidation.
This follows the arrest of an advocate linked to a land transaction that took place on January 7.
In a letter dated April 14, LSK Nairobi Branch Chairperson Eric Kivuva condemned officers from Kasarani Police Station and the DCI.
Kivuva said the lawyer had acted professionally in a legitimate land sale involving a vendor and a buyer.
Funds were transferred through the lawyer’s office, which is standard practice in such transactions.
A second advocate, representing the buyer, had already confirmed the legality of the deal through due diligence.
Despite this, the DCI reportedly arrested the lawyer on April 10, demanding information on the client’s whereabouts.
Kivuva said this violated the principle of advocate-client confidentiality.
He stressed that lawyers cannot be compelled to disclose client information unless legally authorized.
The LSK noted that this protection is grounded in Section 134 of the Evidence Act and the Advocates Act.
According to Kivuva, the DCI’s actions amounted to intimidation and a breach of legal privilege.
The arrested lawyer was later transferred to Kilgoris, where Rift Valley LSK representatives stepped in.
He was released on Sunday, April 13, following their intervention.
LSK President Faith Odhiambo has also been vocal in defending the arrested advocate.
She warned that any attempt to force lawyers into revealing client details would not be tolerated.
The society demanded that the DCI immediately cease investigations targeting the lawyer.
They also called on authorities to ensure the advocate’s rights are upheld fully.
LSK emphasized that legal ethics must be protected, even during criminal investigations.
The Nairobi Branch vowed to keep monitoring the situation until justice is served.
They stated that professional conduct must never be criminalized.
The LSK said it stands firm in defending the independence of the legal profession.
They urged all enforcement bodies to respect constitutional boundaries.
The society maintained it would not allow any form of coercion against its members.
By Nairobi