LSK TO SET UP INDEPENDENT TEAM TO INVESTIGATE SEXUAL HARASSMENT CLAIMS

The Law Society of Kenya (LSK) is taking steps to address sexual harassment within the legal profession. 

LSK President Faith Odhiambo has announced the creation of an independent investigative body tasked with examining complaints, following concerns about how such cases have been managed in the past.

Appearing on Citizen TV’s The Explainer, Odhiambo addressed existing shortcomings in the complaints process. She pointed to delays and procedural failures, referencing recent case where a grievance was not adequately addressed. Where, the Advocates Disciplinary Tribunal determined it lacked jurisdiction, classifyingsexual harassment as a criminal matter falling outside its scope.

While a Sexual Harassment Policy was adopted by the LSK in 2019, Odhiambo acknowledged that its implementation has revealed weaknesses. She detailed a specific complaint filed between September and October of last year, for which a decision was reached in December but was not promptly shared with the complainant. The outcome, according to Odhiambo, was unsatisfactory.

“For us, we’re realising and seeing the gaps that are there because she’s one person who came out and yet the decision was not satisfactory,” Odhiambo stated.

In response, the LSK is establishing a specialised team to operate independently from both the council and the disciplinary tribunal. This body will be responsible for gathering information and working toward fair outcomes for those who have come forward.

“We are setting up an investigative team that will collate information, independent from the tribunal or the council,” she explained. “The unfortunate part is the power imbalance that continues to be and the failure of knowledge of the policies that are there and how you can get help. We are hoping that with this committee in place, members will turn up in large numbers and a quick solution be found.”

Odhiambo said that the organisation must consider more stringent disciplinary measures against offenders, particularly those who exploit their seniority to target junior colleagues.