Kenyan Lawyers Reputation at Stake: #Kethiscase. In case you missed it: Will lawyers gain admittance to heaven? I don’t know. But the cut and thrust witnessed this week in the legal tussle, whether Kethi Kilonzo is a registered voter and eligible to contest the Makueni by-election set for July 27, raises serious questions about ethical lawyering. While witnesses in legal proceedings are required to tell “the truth, the whole truth, and nothing but the truth”, lawyers themselves seem to be free to spin facts, colour and misconstrue the meaning of facts, in violation of one of the Ten Commandments: Thou halt not lie. Biblical injunction aside, lawyers are required by their own professional ethics not to lie or engage in fraud or deception. Everywhere, the world over, lawyers are required not to be fraudulent or act in a manner that suggests dishonesty. Rule 12 of the Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990, states: “Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.” The duties and obligations of lawyers include maintaining at all times the good repute of the lawyer himself or herself and that of the legal profession. Lawyers in Kenya are bound by both a statutory and non-statutory code of behaviour. As in other countries, lawyers in Kenya occupy an elevated position which carries duties and obligations. In a speech at a seminar of the Law Society of Kenya on July 30, 1998, Justice Samuel Bosire compared lawyers to the high priests of the Old Testament. They are expected to be without blemish morally and professionally, in the temple of justice. What’s happening in the Kethi case? The paper war revolves around the simple question: Did she register as voter? The IEBC Dispute Resolution Committee said she did not, that the registration (acknowledgement) slip she produced was a subject of police investigation. It also said she produced an expired passport and photocopy of her ID that she claims she used to register, contrary to what the law requires. Further, the committee said, she claimed to have registered as a voter at Karen, which did not exist in the IEBC list of polling stations. Kethi retorted that, like any other voter, it was her job to register, which she did. It was not her job to check whether she was validly registered. That was the job of the IEBC. She moved to the High Court to quash the ruling by the committee, basically arguing that the IEBC cannot be a judge in its own case. Her supporters, including Cord deputy leader Kalonzo Musyoka, who is himself a lawyer, have accused TNA and IEBC of conspiring to rig her out of the Makueni by-election. TNA, on the other hand, says Keith and her supporters should be investigated for fraud. Somebody, somewhere — he or she could be on either side — is telling a bald-faced lie, which is not good ethical behaviour in law. Reputation is the greatest asset for an advocate. gigirimwaura@yahoo
Posted on: Sat, 13 Jul 2013 11:24:18 +0000
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