Attorney-General Githu Muigai probe legally sound, say lawyers

What you need to know:

  • Prof Muigai moved to court in June and obtained temporary orders stopping the disciplinary process.
  • Mr Abdullahi said the court had no supervisory powers over LSK and Council for LSK.

Lawyers have stuck to their earlier decision to consider investigating and taking disciplinary action against the Attorney-General.

The Law Society of Kenya (LSK) and the Council for the LSK through lawyer Ahmednasir Abdullahi said Prof Githu Muigai was an advocate of the High Court of Kenya and they had power over him and all members of the legal profession.

Prof Muigai moved to court in June and obtained temporary orders stopping the disciplinary process, which the law society initiated because of the way he handled the court process and later, payment of a Sh1.4 billion Anglo Leasing contract.

The court also ordered that both LSK and the Council of LSK be barred from holding any meeting to discuss Prof Muigai’s conduct in relation to the case.

However, in a response application filed before Judges Weldon Korir, Mumbi Ngugi and George Odunga, Mr Abdullahi said the court had no supervisory powers over LSK and Council for LSK.

“The LSK and Council for LSK have wide discretion to honour and dishonour their members according to the service or disservice they give to their clients and the general public,” said Mr Abdullahi.

He said they give annual awards to judges and even members of the public and for Prof Muigai to contend that the award of certificate of dishonour doesn’t exist in law, was to assume the powers of the LSK and Council for LSK.

The case will be heard on September 18.