The Law Society of Kenya (LSK) has accused the Directorate of Criminal Investigations (DCI) of unlawful arrest and harassment of a lawyer.
In a letter dated Monday, April 14, 2025, Eric Kivuva, chairperson of LSK Nairobi branch, condemned an action by officers from Kasarani Police Station who allegedly harassed a lawyer while he was conducting his duty.
“The Nairobi Branch condemns in the strongest possible terms the actions of the DCI and Kasarani Police Station, which amount to harassment and intimidation of an advocate in the lawful execution of their professional studies”, part of the letter read.
“It is wholly unacceptable and legally impermissible for an advocate to be compelled to divulge client information, including their whereabouts, as this is protected under law”, Kivuva stated.
According to him, on January 7, 2025, the lawyer conducted a lawful land transaction on behalf of his client, which involved funds being remitted to his office and later transferred to the vendor as occasioned in the profession.
But a different advocate representing the buyer had earlier conducted due diligence and confirmed that the land was a legitimate sale with the vendor duly registered as the owner.
However, on April 12, DCI officers apprehended the lawyer, alleging that the sale was fraudulent and demanding to know the whereabouts of the client.
Kivuva stated that was against the lawyer-client confidentiality clause of the Constitution of Kenya.
“We wish to remind the law enforcement agencies that the principle of advocate-client confidentiality is not a mere courtesy but a fundamental tenet of the legal profession, protected by Section 134 of the Evidence Act (Cap 80 Laws of Kenya) and reinforced by the Advocates Act (Cap. 16 Laws of Kenya,” the letter further read.
Regarding the matter, the LSK Nairobi branch has sated that it will monitor and take the necessary steps to defend the rights and safety of its members.
