Petition Filed to Disbar Kindiki and Murkomen Over Alleged Human Rights Violations
A petition has been filed with the Law Society of Kenya (LSK) seeking to have Deputy President Kithure Kindiki and Interior Cabinet Secretary Kipchumba Murkomen removed from the Roll of Advocates.
The petition was filed by a Kenyan lawyer, Kepha Ojijo, who claims that both public officials have violated the Constitution and the oaths they took to uphold the law and protect the rights of citizens.
Ojijo argues that Kindiki and Murkomen, both of whom are licensed advocates, have failed to respect the rule of law and have enabled serious abuses during their time in government.
According to him, the two have allowed or ignored widespread police brutality against innocent Kenyans, which he says is a clear violation of the constitutional rights they pledged to defend.
The petition points to troubling incidents of extrajudicial killings and enforced disappearances that have taken place during their leadership in the security sector.
Ojijo says these serious human rights violations are reason enough to begin the process of removing them from the list of practising lawyers.
He also criticises the fact that neither Kindiki nor Murkomen has shown any remorse or made an effort to address the growing number of allegations against them.
In recent weeks, there has been growing public frustration over the LSK’s silence on the matter. Many Kenyans feel that the organisation has failed to act in response to serious concerns about the conduct of these two high-ranking officials.
Their leadership over Kenya’s security systems has been widely criticised for allowing the use of unlawful force and for ignoring the principles of justice and accountability.
Former LSK President Nelson Havi joined the call for action, expressing concern that the Society’s failure to respond could damage its credibility.
Speaking on Monday, Havi said that the LSK should have already taken steps against Murkomen, especially given the troubling reports of people being shot inside police stations.
He said such incidents suggest that some police officers are following illegal and unconstitutional orders possibly linked to Murkomen.
Kenyan law allows for practising advocates to be struck off the Roll of Advocates if they are found guilty of serious misconduct, criminal offences involving moral failings, or any behaviour that damages the reputation of the legal profession.
This disciplinary process is managed by the Advocates Disciplinary Tribunal (ADT), which was previously known as the Disciplinary Committee. Anyone—including private individuals or the LSK—can file a complaint to start this process.
Once a complaint is filed, the ADT investigates to see whether there is enough evidence to take action. If it finds the allegations credible, the Tribunal can recommend different forms of punishment such as fines, suspension from legal practice, or even complete removal from the Roll of Advocates.
However, this process must be fair and allow the accused advocate a chance to defend themselves. The final decision can also be challenged in the High Court.
Striking an advocate off the Roll is considered the most serious punishment and is only used in extreme cases where a lawyer has completely failed to meet professional and ethical standards.
According to Section 62 of the Advocates Act, anyone who is struck off must wait at least five years before they can apply for reinstatement.
Even then, they must show that they have fully reformed, demonstrated good behaviour, and regained the trust of the legal profession.
In this case, the LSK is being urged to take disciplinary action against both Kindiki and Murkomen. The petition argues that their actions in government—especially their alleged role in violating constitutional rights—are severe enough to justify removal from the Roll.
It remains to be seen whether the Law Society will act on the petition or whether the Advocates Disciplinary Tribunal will proceed with a full hearing into the matter.
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