Magwanga says the governor’s actions go beyond politics and have crossed into illegality. 

The deputy governor argued that his constitutional rights as a holder of public office have been violated.

“My office is still closed, and my staff have no access to it. What kind of management is this? You cannot close a public office to deny the holder access. This is a violation of the Constitution,” Magwanga says

“The move is a calculated political power play aimed at undermining my office and obstructing the functions of county governance.”

The dispute erupted after Governor Wanga removed Magwanga from his additional role as County Executive Committee Member for Agriculture, part of a wider cabinet reshuffle that deepened their political rift following the recent Kasipul by‑election.

Magwanga has publicly signalled his intention to contest the governor’s seat in the 2027 general elections, intensifying tensions within the county leadership.

 He accused the county administration of sidelining him and sabotaging his duties.

“You cannot close a public office to deny the holder access. This is a violation of the Constitution… It is only a matter of time before the people of Homa Bay lock you out through the ballot. Your time is up, and you are going home,” he said.

Political allies of the governor have challenged Magwanga’s conduct, with County Finance CECM Solomon Obiero saying critics should resign if they plan to run against the governor.

The matter is now before the Employment and Labour Relations Court in Kisumu, where Magwanga is seeking orders compelling the county government to restore his office access and official vehicles.

Governor Wanga’s office has not yet filed a response to the lawsuit and the matter is pending hearing 

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In a statement released on Sunday, the LSK said it was “deeply concerned by images of Police officers lobbing teargas at congregants taking part in a church service in Othaya,” describing the incident as a grave abuse of state power.

The lawyers’ body faulted the National Police Service (NPS) for what it termed an unjustified and excessive use of force against civilians, including children.

“The indiscriminate use of violent force against church-going citizens, including children, offends every constitutional principle under which the National Police Service is bound to operate,” the statement read.

LSK said the police action amounted to a direct assault on multiple constitutional rights.

“This onslaught on the right to religion, freedom of association, human dignity, freedom and security of the person and the right of children to be protected from all forms of violence is detestable,” the Society added.

Footage circulating online showed panicked worshippers fleeing the church compound as teargas engulfed the area, disrupting the service and raising concerns about the safety of civilians in places of worship.

The Society further warned that such incidents risk eroding public trust in state institutions at a sensitive political moment.

“We condemn this incident, which betrays the Kenyan people’s collective call for an end to police brutality and indiscipline,” LSK said

“There was no ascertainable threat posed by church congregants against peace, law and order to warrant such a brazen attack.”

According to the lawyers’ body, the incident poses “a damning threat of undermining tolerance and cohesion as we approach another high-stakes electioneering period.”

LSK has now demanded accountability from the police leadership.

“We call upon the National Police Service to issue an immediate, clear explanation of the circumstances leading up to the abhorrent events in Othaya, and a full report on the actions it intends to take against the perpetrators,” the statement said.

The Society also announced it is mobilising legal support for affected members of the public.

“We will be coordinating with our advocates on the ground to understand the full extent of violations that occurred, and establish whether there are any members of the public in need of legal support following the incident,” it added.

As of publication, the National Police Service had not issued a detailed public response explaining the deployment of teargas at the church.

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In a press statement dated January 13, 2026, LSK President Faith Odhiambo warned that the legal profession would not tolerate the abuse of judicial powers.

The controversy stems from Nakuru Petition E001 of 2026, where the High Court granted ex-parte conservatory orders that could effectively cut off private practitioners from public sector work.

LSK views this as the culmination of years of attempts to restrict lawyers’ access to government contracts.

The battle began in July 2020 when the Attorney General issued a directive requiring written approval before state departments could hire external legal counsel.

LSK challenged this through judicial review, and in July 2023, Justice Jairus Ngaah ruled in their favor.

The judge emphasized that procurement must be fair, equitable, transparent, competitive and cost effective, noting these values would be undermined if such a task was left to the whim of an individual.”

Despite this victory, a fresh challenge emerged in 2024 when petitioners sought to restrain county governments from hiring private law firms.

A Senate committee’s March 2025 report acknowledged that completely prohibiting outsourcing would violate constitutional provisions and procurement laws.

Both the Office of the Attorney General Act and Office of the County Attorney Act explicitly allow retention of external counsel when necessary.

Now, several petitioners led Busia Senator okiya Omtatah have returned to court in Nakuru, citing concerns about high legal fees and fiscal responsibility.

LSK dismissed these arguments as lacking novelty, calling them symbolic of a tired rhetoric against a profession that unreservedly dedicates itself to upholding constitutional values.

The Society emphasized that private lawyers fill critical gaps in the public sector by handling conflicts of interest cases, providing independent expertise, and managing workload excesses.

Legal fees, they noted, are strictly regulated and subject to court taxation when disputes arise.

LSK argued the ex-parte orders violate Article 50 of the Constitution, which protects the right to representation of choice.

The orders also contradict the UN Basic Principles on the Role of Lawyers, which bars courts from refusing to recognize lawyers’ rights to appear for clients.

Most troublingly, the retroactive nature of the orders threatens to suspend payment of lawful dues already assessed by courts.

The Odhiambo cited other recent examples of concerning judicial conduct, including Justice Bahati Mwamuye’s reversal of orders halting police recruitment and a three-judge bench suspending the Judicial Service Commission’s constitutional functions.

“We are apprehensive that the current pattern of abuse of Judicial powers threatens to spark outrage among both the public and our members,” Odhiambo stated.

She warned that unless the trend is stopped, LSK is “prepared to agitate for a radical surgery as a means to uphold our Constitution.”

LSK announced it is documenting instances of judicial misconduct and has filed an application to review and set aside the Nakuru orders.

While committed to serving the public, the Society pledged equal commitment to protecting its members’ livelihoods and the legal practice environment.

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Justice Bahati Mwamuye barred the Government of Kenya from transferring or sharing any medical or sensitive health data of Kenyans with President Donald Trump led-government  pending the hearing of a petition filed by the Consumers Federation of Kenya (COFEK) challenging the safety and legality of the deal.

“Pending the inter-partes hearing and determination of the applicant’s Notice of Motion Application dated 09/12/2025, a conservatory order be and is hereby issued suspending, staying and/or restraining the Respondents…from implementing, operationalizing, or howsoever giving effect to the Health Cooperation Framework executed between the Government of Kenya and the Government of the United States of America on or about December 4, 2025, insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data,” Justice Mwamuye ordered.

The petition, filed by COFEK through lawyerTali Tali contends that the Sh 208 billion agreement, executed on December 4, 2025, threatens the privacy of millions of Kenyans and violates constitutional and statutory safeguards.

The Framework requires Kenya to share extensive medical data, including information on HIV/AIDS, tuberculosis, malaria, maternal and child health, and disease surveillance, forming part of the country’s strategic health-security infrastructure.

COFEK argues that the deal was executed without proper parliamentary oversight and lacked public participation, contrary to constitutional principles of transparency, accountability, and integrity under Article 10.

“Despite its significant implications, the Framework was not subjected to the constitutional principles of good governance… The process was therefore opaque and constitutionally improper,” the petition states.

The petitioners further warned that once Kenya’s medical and epidemiological data is transferred abroad, the harm becomes permanent and irreversible.

“Neither this Honourable Court nor Kenyan regulators will have the power to recall, restrict or oversee the foreign use of such data. This exposes citizens to lasting privacy violations, stigma and potential misuse of their information,” the lobby group adds.

Justice Mwamuye ordered COFEK to serve the Cabinet Secretary of the Ministry of Foreign Affairs, the Cabinet Secretary of the Ministry of Health, the Digital Health Agency, the Office of the Data Protection Commissioner, the National Assembly of Kenya, the Senate, and the Attorney General with the pleadings by December 17, 2025.

The government has been ordered to file their responses by January 16, 2026.

The case will be mentioned on February 12, 2026 before Justice Lawrence Mugambi to confirm compliance and provide directions on an expedited hearing.

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