Former vice-president and Wiper leader Stephen Kalonzo Musyoka has urged Kenya’s legal profession to become the frontline guardians of democracy following a High Court judgment that declared post-election party defections unconstitutional.
Addressing the Law Society of Kenya’s Lower Eastern Advocates Forum in Machakos on Friday, Mr Musyoka hailed the three-judge bench decision against Isiolo governor Abdi Guyo and his deputy, who switched from Jubilee to the ruling United Democratic Alliance shortly after their 2022 victory.
“This ruling has sent an unmistakable message that political betrayal is unacceptable and that the will of the people cannot be traded like a commodity,” he said.
The opposition stalwart, himself a veteran advocate, warned that democratic gains remain fragile. He cited reports of at least 15 deaths during violence-marred by-elections in Kasipul constituency on 27 November and accused authorities of inaction.
“The Director of Public Prosecutions must move with speed to order inquiries, or citizens will be forced to exercise their constitutional right to private prosecutions,” Mr Musyoka said.
Calling on lawyers to expand pro bono services, he insisted that most Kenyans do not lack rights but lack access to justice.
He also cautioned advocates to maintain consistency and principle in both courtroom arguments and social media posts, noting that “the internet never forgets”.
“The future of Kenya’s democracy, integrity and justice rests in your capable hands,” Mr Musyoka concluded.
Kenya is classified as a “hybrid regime” in recent democracy indices. In the Economist Intelligence Unit’s (EIU) Democracy Index 2023, Kenya scored an overall mark of 5.05 out of 10, a score that has remained unchanged since 2020.
Mr Musyoka praised the Lower Eastern legal community for its historic contribution to Kenya’s justice system, yet issued a stark warning against what he termed a rising “culture of goonism”.
He accused the government of deliberate reluctance in tackling political violence, declaring that such inaction was setting the country on a dangerous path of tension and intolerance as future elections loom.
The day-long forum at Sisu Hotel drew hundreds of advocates, magistrates, judges and regional political heavyweights, among them former Makueni governor Prof Kivutha Kibwana.
