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Post Reply: Law Society of Kenya Sues Electoral and Anti-Corruption Bodies Over Failure to Enforce Parliamentary Ethics Code

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on September 10, 2025, 8:44 am</div><div id="pl-7881"  class="panel-layout" ><div id="pg-7881-0"  class="panel-grid panel-no-style" ><div id="pgc-7881-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7881-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">The Law Society of Kenya (LSK) has filed a significant lawsuit at the High Court, targeting the Independent Electoral and Boundaries Commission (IEBC), the Ethics and Anti-Corruption Commission (EACC), and other state institutions for their failure to establish and enforce a code of ethics for Members of Parliament (MPs). The petition argues that the absence of a robust ethical framework has allowed impunity to flourish in Kenyan politics, undermining constitutional demands for accountability and integrity among public leaders.</p>
<p dir="ltr">The LSK's legal action calls for immediate reforms, including the development of a specific code of conduct for legislators and other elected officials. The society is seeking court orders to compel the EACC and the Registrar of Political Parties to create a framework that addresses the ethical conduct of MPs, ensuring that breaches result in severe consequences, such as criminal charges and loss of remuneration. Additionally, the LSK is pushing for a declaration that Kenyan citizens are constitutionally obligated to provide information about the integrity of candidates seeking elective positions before the IEBC clears them to run.</p>
<p dir="ltr">The petition highlights a systemic failure in the vetting process for political candidates, noting that individuals with questionable integrity have been allowed to contest and win elections. The LSK points to the 2022 general elections as a glaring example, where the EACC flagged 241 aspirants with corruption or integrity issues, yet most were permitted by the IEBC to run for office. This, the LSK argues, reflects a lack of clear and enforceable ethical standards, allowing leaders with dubious records to assume public office.</p>
<p dir="ltr">Named in the lawsuit alongside the IEBC and EACC are the Registrar of Political Parties, the Parliamentary Service Commission (PSC), the National Cohesion and Integration Commission (NCIC), and the Attorney-General. The LSK accuses these bodies of neglecting their constitutional duty to ensure that only individuals of high moral standing occupy public office. According to the petition, the absence of a tailored code of ethics, despite the enactment of the 2010 Constitution, has perpetuated a culture of "haphazard, escalating, and incendiary behavior" among elected officials.</p>
<p dir="ltr">The LSK contends that the Leadership and Integrity Act and the Public Officer Ethics Act, which were intended to guide ethical conduct, have not been effectively implemented. The petition notes that in the 15 years since the Constitution’s adoption, oversight agencies have failed to consistently apply integrity laws, resulting in flawed vetting processes and inadequate scrutiny of candidates. This has led to a persistent culture of impunity, with public funds allocated to agencies that have not delivered meaningful accountability.</p>
<p dir="ltr">The lawsuit also emphasizes the role of citizens in upholding ethical standards, asserting that Kenyans have a constitutional responsibility to report concerns about candidates’ integrity. The LSK argues that stronger collaboration between the public and state institutions is essential to prevent individuals with questionable character from assuming leadership roles.</p>
<p dir="ltr">This legal action comes amid broader concerns about the IEBC’s functionality, as the commission has faced delays in its reconstitution, further complicating its ability to fulfill its mandate. The LSK’s petition underscores the urgency of addressing these institutional failures to restore public confidence in Kenya’s democratic processes and ensure that elected leaders adhere to the highest standards of integrity.</p>
<p dir="ltr">As the case progresses, the LSK’s lawsuit is expected to spark renewed debate about the state of ethical governance in Kenya and the effectiveness of oversight institutions in upholding constitutional principles.</p>
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