Former Law Society of Kenya (LSK) President Nelson Havi has stirred debate after declaring that LSK leaders, including current President Faith Odhiambo and Council Member Linda Kiome, are constitutionally barred from holding offices in the Executive, Legislature, or Judiciary.

Havi made the remarks in a strongly worded statement posted on X on September 14, 2025, challenging Odhiambo’s recent appointment as Vice Chairperson of the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests.

“The President, the Vice President and Members of the Council of the Law Society of Kenya cannot hold offices in the Executive, Legislature and the Judiciary,” read Havi’s statement.

“Odhiambo and Kiome are free to accept any appointments in the Executive or the Judiciary in their personal capacities as Faith and Linda. However, the acceptance of any such appointments necessitates their resignation as President and Council Member ,respectively, of the LSK. They cannot serve both the professional legal and lay public, and the Executive at the same time. That is obvious, let alone being consistent with the three grounds enumerated above.”

This follows after Faith Odhiambo clarified her role in Ruto’s protest victims panel.

Constitutionality questioned

In his four-page statement, Havi responded to concerns raised by advocates Eunice Nganga-Salisbury and Okello Godrick Kennedy. Nganga-Salisbury sought clarification on whether Odhiambo’s appointment was a personal decision or a directive of the LSK Council. Kennedy, on the other hand, demanded Kiome’s resignation as Meru County Deputy Governor and Council Member, threatening to file a formal complaint and motion within ten days.

Havi supported their concerns, citing Article 73(1)(a) of the Constitution, which obliges leaders in public statutory roles to act in line with constitutional purposes, respect the people, and uphold public confidence. He further referenced Article 10 on national values and Article 75 on conflict of interest, stressing that these provisions restrict dual roles for LSK leaders.

“Odhiambo and Kiome will not resign as President and Council Member respectively, of the LSK. They are more useful to their masters in the Executive and the Judiciary in the LSK. The accountability question must therefore, be projected to other Members of the Council of the LSK. Why has the misconduct and misbehavior of Odhiambo and Kiome gone on, unchecked and unremedied?.” Havi questioned.

Past incidents and appointments

The former LSK boss accused Odhiambo and Kiome of previously enabling interference in the society’s affairs, including obstructing a forensic audit in 2020–2021.

He contrasted Odhiambo’s decision to reject a Public Debt Task Force role in July 2024, terming it unconstitutional, with her acceptance of the current panel appointment. Havi suggested that financial incentives may have played a role, citing cartoons by Gammz and Gado attached to his communication.

Earlier, on September 9, 2025, Havi had warned against diverting compensation for victims of human rights violations from the Kenya National Human Rights and Equality Commission (KNHREC), mandated under Article 59 of the Constitution. He described alternative channels as unconstitutional schemes to misappropriate resources.

Despite Havi’s criticism, vocal lawyer Willis Otieno defended the LSK boss over her role in Ruto’s task force.

Odhiambo responds

On September 11, 2025, Odhiambo defended her appointment, stating she had not engaged with the panel beyond her swearing-in and was still consulting widely. She affirmed her commitment to serving Kenyans and upholding the Constitution.

“The LSK will continue offering pro bono services to victims of police brutality,” she said, while calling for reviews of charges against protesters and prosecution of officers accused of excessive force.

Havi also questioned the LSK Council’s inaction on the matter, hinting at political interests ahead of the February 2026 elections. He urged young advocates to remain vigilant against financial inducements allegedly tied to the Executive and Judiciary.