The LSK should leave government to live up to its obligations.

One of the after-effects of the NARC victory in 2002 was the co-opting of civil society by the Kibaki government. It must have seemed as the most natural of development, seeing that civil society organisations played such a pivotal role in bringing about a peaceful transition from the Moi-KANU hegemony to the Kibaki-Raila-NARC new dawn. But events over the past decade have given the lie to the notion that the inclusion of civil society in government would lead to progress on matters dear to Kenyans, such as the swift eradication of corruption or the honest appraisal of the successes or failures of government. One only needs to look at the experiences of John Githongo, President Kibaki's one-time anti-corruption czar to understand this.

The Law Society of Kenya seems to have fallen into a similar trap to that that laid for Mr Githongo. Slowly but surely the LSK has been made a part of the Executive; it is now common to see members representing the Society sitting in various commissions, independent agencies and parastatals. Where once the LSK led civil society organisations in holding government to account for its deeds and misdeed, now, as part of the Executive (and Judicial) Branch, it is a pale shadow of its critical self. This was starkly exposed when President Kibaki unilaterally made constitutional appointments earlier this year but the LSK was sharply divided in its response to the situation, with individual members of the Council speaking at cross-purposes.

The rationale for co-opting the LSK was to ensure that it would watch out for the public interest when the government acted contrary to the ideals of a liberal democracy, or the Constitution. But looking at the developments that have ensued since we promulgated a new Constitution, one is no longer confident that the LSK can play its watchdog role when it comes to the government. It is now part of the government, and as the wise men one said, "You do not bite the hand that feeds you!" Today, whenever matters to with the administration o justice or the implementation of the Constitution arise, the voice of the LSK is strangely absent. For example, it has ailed to weigh in with its opinion with regards to the strange war of words between the Commission for Implementation of the Constitution and the Attorney-General. It has failed to respond to the proposed Parliamentary attack on devolution led by Ndaragwa's Jeremiah Kioni's assault on the Senate, or the battle for financial control over county government between The Ministries of Finance and Local Government. It failed to offer Safina's Paul Muite support when he wrote to the World Bank over the proposed support of the Bank for Kenya's government where he argued that all it would do would be to saddle the people of Kenya with greater debt than they would be capable of repaying or servicing. It even failed to take a stand when the Chief Justice revealed that the newly-opened Milimani Law Courts are not fit for use by both judges and lawyers.

The co-opting of the LSK has led to a situation where the Society is incapable of holding the government to account. Until Kenyans are largely free to make political choices without fear, or when the government has established robust mechanisms to police itself, the Society remains the only independent statutory agency with the expertise and strength to review the acts of commission or omission of the government and to offer Kenyans an unbiased view of the alternatives that they face. It cannot do so when it is cheek-to-jowl with the government every step of the way. Therefore, it is imperative that the LSK withdraws from the Executive and maintains its distance in order to speak with an uncorrupted voice. This may lose many astute and able lawyers their fat fees, but that is the price the Society pays for its independence and authority. It is the only way that Kenyans can rely on the advice being offered by the Society. It is the only ay that it can restore the trust that it once engendered in the people of Kenya. It is the only way it can play a constructive role in the governance of this country, the administration of justice and the proper regulation of the legal profession. What say you Chairman Kenneth Akide?