A law firm has accused the President of the Law Society of Kenya, Eric Theuri, of humiliating the Court of Appeal by allegedly advising lawyers to ignore court instructions on the writ case. charge.
Lawyers for Musyoki Mogaka and Company argue that “the LSK knows the hierarchy of the courts and is well aware that the Law Society of Kenya is not part of said hierarchy and, at the very least, has no more authority than a decision of the Court of Appeal. ”
In a statement on the directives given by the Directorate of Criminal Investigations following the interim orders granted by the Court of Appeal, Theuri called on the magistrates to decline the invitation of the DCI to accept or reject the indictments .
He further advised LSK members to oppose any charge sheet presented in court without the consent of the DPP in fulfillment of their obligation to protect and uphold the Constitution.
Lawyers for Musyoki Mogaka and Company through Attorney Dastan Omari claim that the guidelines were made to mislead the Court of Appeal and induce members to despise the court.
Omari argues that LSK should use the appropriate channels to help resolve ongoing issues between the DCI and the Office of the Director of Public Prosecutions.
“They should discuss it with the relevant bodies through the appropriate channels without influencing disobedience to court orders,” he said.
He accused LSK of lacking objectivity in the matter since the Company sits on the advisory board of the ODPP.
“We urge the chairman of LSK to cease and desist from advising members to act with contempt on the orders of the Court of Appeals or he resigns from office,” he said.