Law Society of Kenya Investigating MPs Kaluma and Kaguchia

The Law Society of Kenya (LSK) has ordered a review of remarks attributed to Mukurweini MP John Kaguchia and Homa Bay Town MP Peter Kaluma over allegations that their public utterances were inciteful.

In a statement issued on Wednesday, LSK President Charles Kanjama stated that its Practice Standards and Ethics Committee, through its Ethics and Disciplinary Liaison Sub-Committee, will review publicly available records of the remarks within 14 days to determine whether they amount to professional misconduct. 

The Society said it will file or help file formal complaints against the two MPs before the Advocates Disciplinary Tribunal if enough evidence supports the charges. 

According to LSK, the disciplinary process will then be pursued and monitored until its conclusion.

“The Society will not be a passive bystander while its own members inflame the very public it is sworn to protect," Kanjama stated. 

“Political office does not suspend professional obligations, and freedom of political expression does not extend to incitement to violence or hatred."

The Society also issued a warning to all its members, including those engaged in politics, against making inciteful, threatening or divisive statements, particularly during the electoral period.

If found guilty, LSK said it would pursue the most severe sanctions available such as suspension from practice or striking an advocate's name from the Roll of Advocates.

The development comes as the National Cohesion and Integration Commission (NCIC) summoned Kaluma on Wednesday, August 19, over remarks in which he allegedly called for action against people supporting the “one-term” campaign against President William Ruto.

Kaluma, however, asked the commission to postpone his appearance, citing “unavoidable State duties.”

Meanwhile, Kaguchia was arrested in early August over remarks he made at a political rally in Kieni, Nyeri County, in which he warned Mt Kenya residents of consequences if they voted for President Ruto in the 2027 General Election.

The lawmaker was later released on a Ksh.100,000 cash bail.