Eric Theuri SC

Wishing all my Muslim brothers and sisters and your loved ones a joyous Eid filled with peace, happiness, and prosperity. May this special day bring you closer to your family and friends, and may your prayers be answered. Eid Mubarak!

@ochiamos Wisdom dictates that one should not openly display the lack of it!!

Kibagendi was being punished for contempt; wisdom dictates that courts should let litigants exhaust internal mechanisms first before rushing to court for protection. Even courts punish contempt on the spot. He has essentially stripped the speaker off disciplinary powers.

#hotoffthebench Justice Mwamuye has granted a conservatory order staying the implementation of Speaker of National Assembly, Wetangula's decision indefinitely suspending Hon Kibagendi from parliament. 'Separation of powers is not a bar' 'This Court has jurisdiction'

I am reliably informed that the Judge has called for the file with a view to review the orders of the Magistrate. Eternal vigilance is the price we must pay in protecting our liberties.

For the record: The Magistrate ignores/violates Article 49(2) of the COK. The CoK provides that one should not be remanded if the offence is punishable by a fine only or imprisonment for less than 6 months. Here, the offence only attracts 3 months or 2K fine. An illegal order!

@Benign_Overlord @ODPP_KE @LawSocietyofKe @DefendersKE @AmnestyKenya @Kenyajudiciary Not to mention fine is 2 K maximum. For that offence any accused person cannot, constitutionally be held in pre trial detention.

@ODPP_KE surely, how can you seek to hold someone for 14 days for an alleged misdemeanor whose punishment if found guilty is 3 months? Where are the human rights defenders? @LawSocietyofKe @DefendersKE @AmnestyKenya And @Kenyajudiciary this thing called judicial discretion is the most abused by judicial officers. Fix it or Kenyans will take the law unto their hands.

@gitahishawn The thing here is to punish wilful disobedience. I need to know the speed limits and that there's a camera to capture any violations.

@etadv And why would there be posts of the camera zones,the literal point of cameras is to ensure compliance with the rules generally not in specified locations so there shouldn't be notice

The instant NTSA fine is a clear criminal enterprise. There are no signs of the speed limits, no posters of the camera zones. The idea speed limits are to ensure public safety hence the necessity for marking. It is not intended for collection of fines. Secondly the imposition of fines is a judicial function and those must be paid into the consolidated fund, not an amorphous bank account. And who charges interest on unpaid fines!!!

@gitahishawn There is a process before NEMA imposes a fine. KRA imposes penalties for either late or non remission. Its the nature of the function that makes it judicial. Why for example would you be charged in court for reckless driving and be fined by NTSA for violating speed??

@etadv Ur point on it being a judicial function just does not work,fines are imposed by almost all administrative agencies from kra,NEMA etc so unless ur argument is that all that is unlawful,ur point can't work

The Judge in Kisumu should immediately call for the fike and review the decision of the magistrate. This is unacceptable and immoral. They shouldn't have arrested if they were not ready to prosecute. 14days to investigate a simple matter as this amounts to pre trial punishment. @Kenyajudiciary @CJMarthaKoome

If it appears, just retweet. We shall never forget! #RutoMustGo

This evening several members of my staff have been arbitrarily arrested and detained in Siaya and Nairobi in connection with the Presidential visit to Siaya tomorrow. This egregious conduct on the part of the police has no place in a constitutional democracy. I demand their immediate release. @ntvkenya @KTNNewsKE @citizentvkenya .

Happy Birthday Rex Masai. You would have been 31 today if not for a cowardly gunshot to the back by the police at the Finance Bill Protests of 2024. Today let’s join the family for the inquest at Milimani Law Courts

This Thursday, we decide whether the Law Society of Kenya will drift under pressure or rise with structure, discipline and purpose. As this campaign closes, I speak to you not merely as a candidate, but as a colleague who understands the systemic pressures facing our profession, and the responsibility of leadership at this moment. This election is about stewardship. It is about restoring institutional discipline in the management of our finances and secretariat - ensuring transparent processes, predictable governance and systems that outlive personalities. It is about protecting the practice space - firmly confronting quackery, unlawful encroachment and the steady erosion of professional standards that threaten the livelihood of advocates. It is about expanding opportunity, not redistributing scarcity - strengthening ADR as a primary pathway, positioning advocates for emerging sectors such as technology, digital trade and green energy, and leveraging regional and continental integration to secure broader markets for our members. It is about structured skills development and mentorship - especially for the Young and Mid-Bar - so that entry into the profession is not survival by chance, but progression by design. It is about an LSK that is independent in defending the rule of law, disciplined in governance, credible before the Judiciary and *Government*, and respected by its own members. I humbly ask for your vote on Thursday, 19th February, 2026. Let us reclaim the dignity of our profession and secure a future where every advocate - from the newest admission to the most senior silk - feels the power of their Society behind them. The #TimeIsRIPE for a #StrongLSKForAll. Charles Kanjama SC LSK Presidential Candidate

The last few days I have received a lot of queries on who i support for the Presidency of the Law Society and why i do. Considering that all the candidates are known to me, I had to debate on the question of friendship and the kind of leadership we need. Friendship is indeed a valuable aspect of our professional lives. It fosters collaboration, support, and enables us to thrive together. However, as we consider candidates for leadership positions, it’s essential to remember that our decisions must transcend personal relationships. Leadership roles, especially the high office of the Presidency imposes significant responsibilities that require integrity, accountability, and a commitment to the values of the Society. While it is natural to feel inclined to support friends, we must prioritize those who demonstrate the qualities that align with our core mandate. The leaders we choose should embody the principles of transparency and ethical conduct, ensuring that our professional body remains a beacon of trust within the Country and beyond. When I took over leadership of the Nairobi Branch from Charles Kanjama, I found that he had set up from inception, a Branch that had vibrant Bar Bench Committtes, Practice Committees for virtually every area of practice. Those structures enabled the Branch to navigate the difficulties of the Covid when Courts, land registries and BRS closed and helped sustain our bread and butter. The thing that stands out about Charles Kanjama is his integrity and his dedication to the service of others. He has little or no attachments to financial benefits or rewards and values building strong institutions. I believe that he will ensure that our professional body remains a beacon of trust, excellence, and advocacy for all. It is not lost to me that the next President of the Law Society will serve during the election electioneering period which is bound to be highly contested if the signs we see are anything to go by. We therefore need a steady, composed and rational voice at the Law Society that cannot be influenced by anything else than the rule of law and the Constitution. Equally our practice environment is facing unprecedented challenges, from shrinking work to corruption within the Judiciary. Those challenges require a person who has been tried, tested and proven in dealing with multi disciplinary legal issues such as Charles Kanjama excelled at Nairobi Branch. As you cast your vote, I encourage each of you to weigh the qualifications and values of each candidate carefully. Let us choose leaders who not only have our trust but also the unwavering commitment to serve the best interests of our professional body and its members and the public.

The Law Society of Kenya risks being just a glossy club where ambitious lawyers collect initials for CVs, promising the moon during campaigns, yet abandoning grassroots advocates once elected. Encroachment laws, directly affecting advocates’ practice, sail through Parliament drafted by the State Law Office, while “public interest” litigants from Omtata to Nakuru enjoy courts’ indulgence. History reminds us robust legal bodies like the English Bar Council or US ABA fiercely defend members’ interests. LSK must urgently reclaim its mandate, champion advocacy rights, regulate opportunistic litigants, and ensure political neutrality in legal protection. @ckanjama @omwanza @ahmednasirlaw @LawSocietyofKe

Interestingly, when LSK was withrawing a related Petition on the Road Maintenance Levy Fund and succumbing to inducement I was involved in another significant legal matter concerning the Road Maintenance Levy Fund. While LSK was withdrawing a related petition, I had successfully obtained orders in another petition to freeze Kshs. 10.5 billion that the National Assembly aimed to divert from county governments for securitization and CDF. Despite intense attempts to pressure me into withdrawing the petition , I stood firm. My commitment was to represent the interests of my clients who sought a resolution to the case. I could have chosen a different path for personal gain [ accepted the money and acquired a BMW or a G-Wagon but I prioritized serving with honor and integrity. As I aspire to serve as LSK President, I will uphold these same ideals in my leadership.

This a post by Lawyer Morris Kimuli. "In Kenya, every litre of Petrol, diesel or paraffin you buy includes Shs.25 Road Maintenance Levy. This January, the National Assembly, through the Public Investments Committee, has opened investigations into the manner in which this levy is applied. What is baffling is this: On 14th August, 2024, the Law Society of Kenya filed a public interest case, challenging the increase of the Road Maintenance Levy from Shs.18 to Sh.25. Justice Chacha Mwita interacted with the petition at the ex parte stage, certified it urgent, ruling that the petition raised serious constitutional questions. The court issued an interim order barring the Energy & Petroleum Regulatory Authority and its agents from collecting the increased levy till 7th October 2024. Then things took a baffling turn. On 28th August, 2024, barely 14 days after the grant of these orders, the Law Society of Kenya filed an application seeking to withdraw the entire petition and to have the orders discharged. On 9th September 2024, Justice Chacha Mwita reluctantly agreed to have the petition withdrawn, because there was no objection. But the judge in his order reminded the LSK that they had filed the Petition in the interest of the public, and it raised constitutional questions. The court was effectively wondering why the LSK was withdrawing the petition. And I am asking today, why did we withdraw that critical petition? I am asking this question because I have heard very bad rumours regarding what led to the withdrawal. Though birds perch on the tallest tree, as a rule, I never ask President Faith any questions. So I will throw this to the next tallest tree, Mwaura Kabata."

The war against JurisPESA is local, regional, continental and international. With CJ Zeija of Uganda prioritising petty issues like fighting social media users instead of addressing the existential threats of JurisPESA and others forces of darkness trying to envelope the Uganda...InshaAllah, we will join tonight's baraza on X (na game ya Liverpool v City tuta watch vipi? Mute the sound! 😅😅😅)

#hotoffthebench The CoA (Gatembu, Nyamweya and J.Ngugi JA) while reversing Sergon J has reiterated an important principle governing the review jurisdiction: 'With respect, review jurisdiction cannot properly be exercised on the basis that something “may” be the case'.