The Law Society of Kenya (LSK) has moved to the High Court seeking to compel constitutional and oversight bodies to enforce ethical standards for parliamentarians and other elected leaders in the country.
In a petition filed before Justice Chacha Mwita at the Milimani Law Courts, the LSK is asking the court to order the Ethics and Anti-Corruption Commission (EACC), the Registrar of Political Parties, the Attorney General, the Salaries and Remuneration Commission (SRC), and the Independent Electoral and Boundaries Commission (IEBC) to formulate and enforce a code of ethics for Members of Parliament.
The LSK argues that despite the existence of Chapter 6 of the Constitution, enforcement remains weak, and leaders with questionable integrity continue to occupy public office without consequence.
“Kenyans deserve leaders who are beyond reproach. The time has come to breathe life into Chapter 6 of the Constitution,” said LSK
“We are asking the court to compel these agencies to act not as passive bystanders but as active defenders of constitutional ethics and governance.”
The petition specifically seeks a declaration that Kenyans have not only a right but a constitutional duty to submit information about the lack of integrity of individuals seeking or already holding public office.
The LSK argues that such information, once verified, should automatically disqualify the implicated individuals from holding office.
In its pleadings, the LSK has also requested that the court orders the respondents to receive, verify, and act on integrity-related evidence submitted by members of the public, especially in instances where the oversight bodies have themselves failed or declined to act.
In a significant proposal that could shift the burden of accountability, the LSK wants the court to declare that any such information submitted to the relevant agencies, once proven to be accurate, should be considered ipso facto proof of lack of integrity.
Further, the petition asks the court to direct the respondents to verify the authenticity of such public submissions within 20 days of receipt.
If no action is taken within that timeframe, the LSK proposes that the submissions be treated as fully verified and actionable.
Perhaps most strikingly, the LSK is also asking for an order that would bar the Salaries and Remuneration Commission, as well as any other relevant state agencies, from continuing to pay salaries or allowances to elected leaders who are proven to have breached integrity standards under the Constitution.
According to the LSK, continued remuneration of such individuals constitutes a misuse of public funds and undermines the rule of law.
“Our prayer is not just for the courts, it is for the public, the voters, and our future. We are seeking to reclaim our institutions from individuals who have repeatedly betrayed the public trust,” the lawyer’s body says.
“We want to close the gap between what the Constitution promises and the reality that Kenyans live with every election cycle.”
Following the filing, Justice Mwita directed the LSK to serve the petition and accompanying documents to the EACC, the Registrar of Political Parties, the Attorney General, the IEBC, and the SRC.
The court ordered all respondents to file their responses within seven days of being served, covering both the main petition and the interim application for conservatory orders.
The matter has been scheduled for mention on September 29, 2025, when the court is expected to issue further directions, including on whether interim conservatory measures will be granted to temporarily halt certain actions or payments pending the outcome of the case.
The LSK’s suit comes at a time of mounting public pressure over the failure of key institutions to enforce leadership and integrity laws.
Despite repeated promises by state agencies and electoral bodies, several individuals facing corruption charges, ethical violations, or unresolved integrity questions continue to hold or seek public office without obstruction.
“We are not asking for new laws. We are simply asking the courts to ensure that the existing legal and constitutional framework is enforced with the seriousness it deserves, LSK says
If successful, the case could mark a watershed moment in the application of Chapter 6 and the role of citizen participation in upholding ethical governance in Kenya.
