The High Court in Kerugoya has removed Law Society of Kenya (LSK) President Faith Odhiambo from petitions challenging the composition of the compensation panel for victims of the recent protests.
The development follows Odhiambo’s resignation from the panel and her subsequent request to be removed from the two ongoing petitions questioning its establishment.
Despite her resignation as Vice Chairperson of the panel, two petitioners had opposed her removal.
They argued that Odhiambo should remain a party because of her role at the time the panel began its work and her position as LSK President.
Among the arguments presented was that Odhiambo could potentially face contempt claims for alleged commencement of panel activities despite conservatory court orders halting its operations.
Another contention was that, as head of the LSK, she was responsible for matters of professional integrity, conflict of interest, and leadership standards, making it impossible to separate her from her office.
In his ruling, Justice Edward Muriithi clarified that Odhiambo’s resignation on October 6 relieved her of any liability for actions taken by the panel after her departure.
“She would not be liable for acts of the panel taking place after her resignation,” Justice Muriithi stated.
“Unless it is a matter of personal vendetta, which this court cannot countenance, any alleged contempt is to be pursued against members of the panel who remain after her resignation.”
Odhiambo had been appointed Vice Chair of the panel in August by President William Ruto. The panel was chaired by one of the President’s Senior Constitutional Affairs Advisors, Makau Mutua.
She was sworn in alongside other panellists amid criticism from lawyers and members of the public, who warned that serving on a government panel could compromise her role as an advocate for the people.
On October 6, she announced her resignation, noting that her decision came despite conservatory court orders halting the panel’s operations pending the hearing of consolidated petitions challenging its legality.
“Earlier today, I tendered my resignation from the position of Vice Chairperson of the Compensation Panel,” Odhiambo said.
“I will continue to agitate for justice for all victims and pursue the key deliverables I had set out to attain. My resignation takes cognisance of the crucial point at which Kenya finds itself in the quest for full constitutional implementation and lasting reform.
This moment calls for all our rule of law institutions, especially the Law Society of Kenya, to remain unified and resolute in discharging the mandate bestowed upon us by law.”
The court’s decision now clears Odhiambo from any further involvement in the legal challenges, leaving only the remaining panel members accountable for the petitions before the High Court.
