NAIROBI, Kenya, Feb 10 – The Law Society of Kenya (LSK) Council has said it cannot directly intervene in sexual harassment complaints involving members of the legal profession, citing the independence of its disciplinary structures.
In a statement responding to growing concerns over sexual harassment in the legal sector, LSK said neither the Council nor its officials can issue directives to the Advocates Disciplinary Tribunal (DT) on handling of complaints, emphasizing that the tribunal operates independently under the law.
“The Council affirms to members that it does not instruct or give directives to the DT on its process, decisions, or operations,” LSK President Faith Odhiambo said on Monday in a statement issued on the Council’s behalf.
The Council noted that the tribunal is elected by members concurrently with Council elections, except for the Chairperson, who is appointed by the Attorney General.
It said the DT, chaired by Senior Counsel Taib Ali Taib, is fully constituted and competent to hear and determine all complaints lodged under Clause 4.2.2 of the Sexual Harassment and Anti-Bullying Policy (SHABP).
The clarification comes amid heightened public scrutiny following widespread allegations of sexual harassment, particularly against senior lawyers accused of exploiting their positions of power over interns, pupils, and junior associates.
LSK disclosed that the DT recently delivered a decision on November 27, 2025, concerning a complaint against a member implicated in alleged harassment involving twenty-two colleagues. Only one complainant formally joined the case, despite efforts by the Gender Committee to encourage participation from the other twenty-one.
No jurisduction
The DT ruled that it lacked jurisdiction, noting that the police and courts should prosecute sexual harassment as a criminal offence.
While describing the outcome as “regrettable,” the Council acknowledged that the decision highlights gaps in the legal framework governing professional discipline in such cases.
LSK called for law reform to entrench the SHABP into statute through Parliament rather than relying solely on internal resolutions.
“To give effect to this, we must reassess Section 60 of the Advocates Act with a view to clearly defining what constitutes disgraceful or dishonourable conduct incompatible with the status of an advocate,” the Society said.
LSK emphasized that sexual harassment is more than a workplace issue, terming it a criminal offence under the Sexual Offences Act.
The Council urged victims to report cases both through internal mechanisms — the Advocates Complaints Commission (ACC) and the Disciplinary Tribunal — and to the police to ensure perpetrators face criminal prosecution.
The Society announced plans to collaborate with the Advocates Benevolent Association (ABA) to provide free counselling through registered therapists and to engage FIDA-Kenya and the Witness Protection Agency (WPA) in investigations and protection of vulnerable victims.
Enforcement
Odhiambo reaffirmed the Council’s commitment to fostering a culture of accountability and respect within the profession, noting that the Sexual Harassment and Anti-Bullying Policy adopted in 2019 provides a framework for prevention, reporting, and redress.
However, she acknowledged enforcement limitations as a significant stumbling block.
“Sexual harassment is a grave social issue and a serious criminal offence that undermines the right and ability to work and live freely,” Odhiambo said.
She separately condemned incidents of sexual violence, calling them “regrettable.”
“As a member of FIDA Kenya and a defender of women’s rights and workplace safety, I join colleagues in condemning the wanton sexual harassment levelled against young professionals, male and female alike,” she said.
Odhiambo added that concerns over harassment have persisted for too long, with conversations on ending the vice repeatedly delayed.
“The emerging concerns have [been] endured for too long, and discussions on how to end them have [been] postponed too many times. Let us take this moment to aggressively and collectively fight this menace and create a safe and fair working environment for all professionals,” she urged.
