Eric Theuri, the current and 50th President of Law Society of Kenya (2022-2024), is in the race to become the Fourth LSK Male Representative to Judicial Service Commission (JSC) and has three-fold agenda: safeguarding judicial independence and enhancing accountability, championing Judiciary transformation and offering effective and responsive representation to advocates at JSC in collaboration LSK leadership.
Eric Theuri boasts a track record of transformation, inclusion and integrity in his service to Advocates as POLSK. In particular, Theuri lists the following sixteen (16) achievements in his Manifesto in urging members to make him the third President of Law Society of Kenya to represent the society members of Male Representative to the Judicial Service Commission:-
- Set up Online PC application ensuring we get PC in maximum 5 days of successful application. The online PC application process came at a time when members processed their PCs in at least 2 months. This led to several advocates being locked of opportunities for lack of a PC. In collaboration with the Judiciary, we set up the online PC application platform that ensures that in a span of 5 days, advocates have their PC.
- Set up the committee on Building Wakili Towers for LSK. The same was passed in the AGM and Designs will be shared soon. During my tenure as President of LSK, the elusive Wakili Towers was actualized and plans to Develop LSK properties and build Wakili Towers actualized and passed at the AGM. I successfully lobbied the membership and built consensus, actualizing the adoption of the report of the building, which will be the pride of the society was actualized.
- Resolved impasse on registration of long-term leases. As the Branch Chair, I helped streamline the Ardhi Sasa Platform to align it to reality of the day-to-day conveyancing practice. Through extensive negotiations and lobbying through key stakeholder including the Kenya Association of Bankers, we were able to resolve the impasse on registration of long-term leases through Ardhi Sasa Platform. As a result, many practitioners who had been left helpless and stranded were able to earn fees and Banks able to release monies to the economy.
- Devolved justice games to Branches. The LSK has never devolved Justice Cup to our branches, since its inception. In the spirit of Devolution, my council has been the first to devolve the same, the first of such being held in Kisii. That has enhanced co-ordination between the national office and branches and revived inclusivity in our branches.
- Established a Taskforce on Law Reform to streamline the various statutes and regulations which include reduction of PC for newly admitted advocates. The legal provisions governing the various fees payable to enable any advocate practice as spread throughout various statutes and regulations. During my tenure as President of LSK, we commissioned a taskforce to streamline various statutes touching on the practice and business of advocates with the aim of achieving far reaching reforms including reduction of PCs for newly admitted advocates and young practitioners. The proposals have already been circulated to members for their input.
- Set up a Committee to review Remuneration order. The committee has formulated its TORs and began working. The ARO barely reflects the current economic times. In my tenure, we have made steps in reviewing the ARO to reflect the current economic times. Currently, the committee shared its TORs and is in the process of formulating its work plan.
- Redesigned LSK website and set up departmental phones numbers to improve communication. The LSK website had been dormant when we took over office. Several members raised complaints of lack of access to information on the website. Under my tenure, we revamped the website and introduced several departmental phone numbers through the 26th January 2023. This has greatly improved communication between the members and the secretariat.
- Developed LSK strategic Plan 2023-2028. Last one had expired in 2020. Having taken office as President of LSK, we found that there was no strategic plan guide the society in better achieving its mandate. Under my guidance, we were able to develop the Strategic Plan 2023- 2028 setting our medium-term agenda as a society.
- Filed several high-profile cases against the state including the CAS Case, Finance Act, Edible oils. As part of our PIL Mandate, my council boasts of being amongst the council’s that have filed several cases against the government. We have filed PIL cases such as: Finance Act, CAS, Edible oils, GMO Petition, Increase of Excise Duty, the Logging Ban petition, Maandamano cases, etc. In totality, my council has filed numerous game-changing cases.
- Restored the image and prestige of the Society. During my tenure, I have tirelessly worked to improve internal infrastructure and improve the corporate image of the Society. A society which was in constant fights and on the brink of division, now stands united, being the first council, in several years, to stay united to the conclusion of their term. I boast of handing over a United Society to the next incoming president of the LSK. We have been able to bring back strategic and development partners to help us fund key projects e.g the Legal Awareness Week that happened across all branches was fully funded by a development partner.
- Changed cheque signing mandate from Council members to top management and enhanced corporate management. The signing of cheques by previous council members was one of the reasons that led to division in the council. As president, I appreciated that the council’s role was to oversee expenditure as managed by the Secretariat. The cheque signing role therefore could not be held by the council. Under my tenure as president, we changed the cheque signing mandate, from the council to the secretariat thereby aligning the operation of council with best corporate governance practices.
- Developed policies and reviewed work place policies to strengthen management of the society.
- Defended judicial independence and fought for the Rule of Law. In my manifesto seeking to serve as president, I vowed to champion the Rule of Law and administration of Justice, defending the over reigning superiority of the Constitution. I have stood firm as the president, noting that the society is the last line of Defence. I have personally attended several interviews and championed the Rule of Law. I have also rallied members in taking part in a maandamano, championing for Judicial Independence.
- Member Services Taking over at a time when members grappled with mental Health challenges as a result of Covid, I have ensured several mental Health webinars have been availed. The charges for obtaining a Certificate of Good standing have been eliminated during my tenure, from 1000 to Nil. I boast of having a responsive secretariat that easily attends to member queries within the shortest time.
- Protecting practice environment. I have led and championed the protection of practice spaces by appearing in various cases to personally represent the Society’s stance on masqueraders. The Society has also through Practice and standards committee has nabbed several masqueraders and helped protect our practice Space.
- Lobbying E-Filing. I participated in the initial meeting with the Judiciary in actualizing the E-Filing portal from the Covid times when I was Branch Chair to its inception. As president and having undertaken a pivotal role in the inception of e-filing, I have successfully agitated for improving the efficiency of the E-Filing portal which has been able to seamlessly serve the members and eliminate the bottlenecks in decentralizing access to Justice. This has resulted in the seamless roll out of the e-filing services in many stations spread across the country.
For more information on Eric Theuri’s Agenda for LSK Male Representative to Judicial Service Commission (JSC) and his pledges, download Eric Theuri Male LSK Rep. to JSC 2024-26 Manifesto(pdf)
Njoki Mboce: I am Members Project for LSK President
By Njoki Mboce for LSK President 2024-2026 Team
Today, LSK faces an existential threat from those who seek to compromise its mandate by aligning with the regime in ongoing attempts to undermine the place of the Law Society of Kenya (LSK) and erode the Rule of Law. This has the potential to regress the country to a state of impunity and dictatorship reminiscent of the past.
In such turbulent times, the LSK requires a leader who is resolute, decisive, and impartial. Harriet Njoki Mboce is this suitable leader, with a firm reputation, who will speak Truth to power in the face of encroaching dictatorship.
The actions of a candidate are a mirror of who they are, and what they will be in office. If a candidate wants the office at all costs, and abuses members’ trust to get there, they will have no integrity while in office. Harriet Njoki Mboce is unequivocally the LSK Members’ project. Boldly and firmly acting to defend Independence of the BAR, institutions, and the Rule of Law, she has maintained this commitment throughout her campaigns for President of LSK. This offers a strong basis to fearlessly champion members’ interests and protect the BAR from capture by the State and unscrupulous cartels.
Growing up, I dreamt of being a Navy Officer. I never in my wildest dreams imagined that I would one day be seeking the Presidency of an organisation previously led by impeccable names such as SC Gibson Kamau Kuria, SC Pheroze Nowrojee, SC Paul Muite, SC Hon Dr. Willy Mutunga (CJ Emeritus) and SC Raychelle Omamo, among others. It has taken resilience and a high dose of firm, and bold commitment to get here.
LSK requires a leader to withstand the pressure within and without, and to take the heat on behalf of the membership, whenever the Country and the Society’s living tenets come under threat. This resilience as a quality in the President of LSK enables me in a big way to see the wider horizon of the environment we operate in, to prepare for the storms and to boldly and firmly focus and act on our bigger mandate.
Come elections day, 29th February, 2024, I invite members to ask themselves: Which candidate shows real signs that they will not be corrupted, will run an accountable organisation and will sustain the moral and probity to place the LSK on a path of Independence? I humbly seek your vote to bring this desire home. Please vote for the Member’s project, Harriet Njoki Mboce, HSC for President of The Law Society of Kenya (2024-2026)
Way Forward in Ensuring Just Transition in Climate Justice
By Hon. Prof. Kariuki Muigua, OGW, PhD, C.Arb, FCIArb is a Professor of Environmental Law and Dispute Resolution at the University of Nairobi, Member of Permanent Court of Arbitration, Leading Environmental Law Scholar, Respected Sustainable Development Policy Advisor, Top Natural Resources Lawyer, Highly-Regarded Dispute Resolution Expert and Awardee of the Order of Grand Warrior (OGW) of Kenya by H.E. the President of Republic of Kenya. He is The African ADR Practitioner of the Year 2022, The African Arbitrator of the Year 2022, ADR Practitioner of the Year in Kenya 2021, CIArb (Kenya) Lifetime Achievement Award 2021 and ADR Publisher of the Year 2021 and Author of the Kenya’s First ESG Book: Embracing Environmental Social and Governance (ESG) tenets for Sustainable Development” (Glenwood, Nairobi, July 2023) and Kenya’s First Two Climate Change Law Book: Combating Climate Change for Sustainability (Glenwood, Nairobi, October 2023), Achieving Climate Justice for Development (Glenwood, Nairobi, October 2023) and Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024)*
In order to embrace just transition, it is imperative to build a climate resilient and integrated sustainable energy sector in Africa and other regions which are vulnerable to the impacts of climate change. It has been observed that Africa has rich energy and mineral resources including lithium, graphite, cobalt, nickel, copper, and rare earth minerals all of which provide new market opportunities for the green transition. This coupled with the Continent’s renewable energy potential means that Africa has the capacity to achieve just transition to an equitable and inclusive low-carbon future.
It has correctly been observed that Africa has immense potential for renewable energy including wind, solar, hydro, bioenergy, ocean tidal waves, geothermal among other renewables. It has been pointed out that in order to ensure delivery of global climate change mitigation goals, developing countries will need to drive investment towards building a renewable energy infrastructure that can serve their populations into the future and not drive further climate breakdown.
A just transition promotes the shift towards renewable sources of energy and sustainable practices, reducing the reliance on fossil fuels and mitigating the impacts of climate change. It is therefore important for developing countries to embrace just transition by promoting renewable sources of energy in order to achieve climate justice and energy justice. It is also essential to integrate just transition initiatives in national climate action plans and adaptation plans.
It has been observed that the importance of just transition is increasingly being recognized by governments worldwide as they cite just transition principles in their short- and long-term climate plans known as Nationally Determined Contributions (NDCs) and Long-Term Strategies (LTSs). Embedding just transition strategies within short and long term climate plans like NDCs and LTS, can help governments stay focused on the urgent task at hand of rapid decarbonization, while also striving for fair and inclusive outcomes.
In Kenya, the National Climate Change Action Plan enshrines the principles of just transition and seeks to foster an equitable and inclusive climate response which ensures an electricity supply mix based mainly on renewable energy that is resilient to climate change and promotes energy efficiency; encourage the transition to clean cooking that reduces the demand for biomass; and reduced exposure and vulnerability of the country, and especially of the poor and vulnerable groups, to climate disasters and shocks. It is therefore necessary for countries to incorporate just transition initiatives in their NDCs and LTSs in order to achieve efficient climate outcomes. This will demonstrate commitment towards achieving climate justice while securing public support for ambitious and stronger climate action.
Further, there is need to unlock and align climate finance with the idea of just transition. It has been argued that governments have an obligation to mobilize sustainable, affordable, predictable and long-term finance from public and private, domestic and international sources, and aligning public and private financial flows and public procurement to the objectives of a just transition. According to the UNFCCC, increased climate finance is needed to effectively address the challenges and seize the opportunities of just transitions in country-specific and sector-specific pathways considering the local circumstances.
Climate finance has been identified as a key tool towards fostering climate justice since it recognizes the inequalities between countries with developing countries being the most vulnerable to the effects of climate change and thus requiring financial resources to aid their mitigation and adaptation programmes86. It is therefore imperative for all countries and especially developing countries to unlock climate finance from multiple sources including public, private and multilateral sources in order to achieve just transition by addressing the socio-economic impacts of climate change and addressing climate inequalities more broadly through efficient mitigation and adaptation strategies.
In addition, it is necessary to embrace and enhance technology transfer between developed and developing countries in order to enhance the capacity of the former to later to embrace just transition. It has been pointed out that developing countries have vast renewable potential, but are unable to realize it as long as they are constrained by lack of access to green technologies. Without access to environmentally sound technologies, developing countries in particular least developed countries, will not be able to meet mitigation targets and will be forced to continue using carbon-intensive technologies resulting in climate and sustainability concerns.
Transferring low-carbon and green technologies to those most at risk of climate crisis is critical, among a range of other measures, to ensure that people can respond and adapt to the threat of climate change. Technology transfer can support the climate agenda in developing countries for energy and other sectoral transitions.
The Paris Agreement acknowledges the importance of technology for the implementation of mitigation and adaptation actions and urges countries to promote and facilitate enhanced action on technology development and transfer in order to support the implementation of the Agreement. It is thus pertinent for developed countries to promote transfer of low-carbon technologies including green technologies in developing countries in order to support climate action in such countries.
Developing countries should on the other hand remove barriers to green technology transfer including Intellectual Property barriers and revise bilateral and multilateral trade agreements that present a barrier to transfer initiatives. Finally, there is need to foster capacity building in order to effectively realize just transition. One of the key challenges in achieving climate justice through just transition has been identified to be inadequate national capacity on just transition initiatives.
Capacity building can strengthen individual and institutional capacities on just transition in key areas such as policymaking, cross-sectoral coordination, and stakeholder participation. It can further enhance the ability of the public to be involved in key decisions in the journey towards just transition. It has been pointed out that participation and engagement are crucial for achieving just sustainability transitions.
Capacity building is therefore integral in achieving just transition. It is thus necessary for all countries and especially developing states to strengthen their legal, institutional, technical, human, social and financial capacity in order to embrace just transition. The above among other measures are necessary in order to achieve equitable and inclusive just transition towards climate justice.
*This is an extract from the Book: Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024) by Hon. Prof. Kariuki Muigua, OGW, PhD, Professor of Environmental Law and Dispute Resolution, Senior Advocate of Kenya, Chartered Arbitrator, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Lifetime Achievement Award 2021 (CIArb Kenya), African Arbitrator of the Year 2022, Africa ADR Practitioner of the Year 2022, Member of National Environment Tribunal (NET) Emeritus (2017 to 2023) and Member of Permanent Court of Arbitration nominated by Republic of Kenya. Prof. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Prof. Kariuki Muigua teaches Environmental Law and Dispute resolution at the University of Nairobi School of Law, The Center for Advanced Studies in Environmental Law and Policy (CASELAP) and Wangari Maathai Institute for Peace and Environmental Studies. He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Prof. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Managing Partner of Kariuki Muigua & Co. Advocates and Africa Trustee Emeritus of the Chartered Institute of Arbitrators 2019-2022. Prof. Muigua is a 2023 recipient of President of the Republic of Kenya Order of Grand Warrior (OGW) Award for his service to the Nation as a Distinguished Expert, Academic and Scholar in Dispute Resolution and recognized among the top 5 leading lawyers and dispute resolution experts in Band 1 in Kenya by the Chambers Global Guide 2024 and was listed in the Inaugural THE LAWYER AFRICA Litigation Hall of Fame 2023 as one of the Top 50 Most Distinguished Litigation Lawyers in Kenya and the Top Arbitrator in Kenya in 2023.
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Dr. Paul Ogendi AI Agenda for LSK Upcountry Representative
Dear Esteemed Members of the Law Society of Kenya,
As your candidate for Up-Country Representative for the term 2024-2026, I am committed to advancing our legal profession and embracing the transformative potential of artificial intelligence (AI). Here are actionable steps to implement my agenda concerning AI in the legal sector:
1. Education and Awareness:
- Organize workshops, webinars, and seminars to educate legal practitioners about AI technologies, their applications, and ethical considerations.
- Collaborate with universities and legal institutions to integrate AI courses into legal education curricula.
2. Research and Development:
- Establish a task force or committee focused on AI research within the Law Society.
- Encourage legal professionals to explore AI tools for legal research, document review, and case prediction.
- Foster partnerships with tech companies and research institutions to develop AI solutions tailored to legal needs.
3. Ethical Guidelines:
- Develop clear guidelines for the responsible use of AI in legal practice.
- Address concerns related to bias, transparency, and accountability in AI algorithms.
- Promote adherence to professional ethics while leveraging AI tools.
4. Automating Routine Tasks:
- Identify repetitive tasks (such as contract review, due diligence, and legal research) that can be automated using AI.
- Invest in AI-powered tools to streamline administrative processes, allowing lawyers to focus on complex legal issues.
5. Legal Analytics and Predictive Modeling:
- Encourage law firms and practitioners to adopt AI-driven analytics platforms.
- Leverage predictive models to assess case outcomes, identify trends, and make informed decisions.
6. Client Services and Communication:
- Implement AI chatbots for client inquiries, appointment scheduling, and basic legal advice.
- Enhance communication channels through AI-driven tools to improve client satisfaction.
7. Data Security and Privacy:
- Address data protection concerns by ensuring compliance with privacy laws.
- Collaborate with cybersecurity experts to safeguard sensitive legal information processed by AI systems.
8. Collaboration and Networking:
- Engage with other legal associations, tech communities, and government bodies to share best practices.
- Attend AI conferences and forums to stay updated on advancements and network with industry experts.
Remember, our goal is not to replace lawyers but to empower them with AI tools that enhance efficiency, accuracy, and access to justice. Let us embrace this technological evolution while upholding the highest standards of legal practice.
Dr. Paul Ogendi,
Up-Country Representative 2024-2026
Law Society of Kenya.
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