Lawyer Levi Munyeri has written to the Law Society of Kenya (LSK) demanding the resignation of its President, Faith Odhiambo, over her acceptance to serve in the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests.
In a letter addressed to the LSK President on Thursday, September 4, Munyeri accused Odhiambo of violating the Constitution and the Law Society of Kenya Act by taking up the appointment.
He argued that her participation in the panel compromises the independence and statutory functions of the LSK.
"I refer to the above matter and your decision to accept the appointment and take oath to serve in the Panel of Experts. LSK is a creation of statute, the Law Society of Kenya Act, with specific statutory functions that are preserved under Section 4 of the said Act.
"Among them is duty to uphold the Constitution and advance the Rule of Law and the Administration of Justice. Your acceptance to serve in the Panel of Experts violates the Constitution and Statute in the following ways," the letter read.
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Munyeri went on to list five reasons why Odhiambo’s decision was unconstitutional, beginning with duplication of roles of the Kenya National Commission on Human Rights (KNCHR).
"The Panel has duplicated the function of a constitutional creation, the Kenya National Commission on Human Commission (KNCHR) whose functions are outlined in Article 59 of the Constitution to include; to receive and investigate complaints about alleged abuses of human rights and take steps to secure appropriate redress where human rights have been violated.
"Patently, the President of LSK has taken oath to serve in a Panel of Experts that is anchored on unconstitutionality," the letter continued.
Munyeri further cited an active case in court challenging the constitutionality of the panel.
"In HCCHRPET/E544/2025, Lempa Suiyanka vs State Law Office and 4 Others, the constitutionality of the Panel of Experts was challenged in the High Court. The pending Petition raises serious constitutional grounds that should prompt a reasonable legal mind to conclude that the panel is unconstitutional," the letter added.
Munyeri also reminded Odhiambo that she had previously declined a government appointment on grounds of unconstitutionality.
"In July 2024, you declined the appointment by President Ruto to serve as a member of an Independent Taskforce that would audit the country’s public debt. Your reason for declining that appointment was that in your own assessment, it was unconstitutional since the mandate to conduct public audit rests with the Office of the Auditor General. In this case, you should have drawn a similar conclusion that the mandate to compensate victims of state sponsored violence rests with the KNCHR," the letter further read.
Munyeri also questioned the involvement of Prof. Makau Mutua in the panel, claiming his role as an advisor to the President was already subject to a court case.
"Your chair in the Panel of Experts, Prof. Makau Mutua is a government employee courtesy of an unconstitutional appointment as an Advisor to the President on Constitutional Affairs. The challenge on his appointment is pending in the High Court in HCCHRPET/E275/2025 – Eliud Matindi vs State Law Office and 3 Others," the letter added
Munyeri warned that Odhiambo’s dual roles could lead to a conflict of interest between her mandate as LSK President and her position in the panel.
"In whole, the performance of your statutory duties as the President of LSK and the Vice Chair of the unconstitutional Panel of Experts will trigger a conflict between your mandate as the LSK President and your service to President Ruto," the letter read.
Munyeri concluded his letter by accusing Odhiambo of undermining the independence of the society.
"It is based on the foregoing that I bring to your attention that by accepting the appointment to the Panel of Experts on Compensation of Victims of Demonstrations and Public Protests, you have offended the Constitution.
"By purporting to serve as the LSK President and President Ruto’s appointee, you have compromised the competences of the LSK to perform its functions under Section 4 of LSK Act. On this matter, I speak for the Constitution, as an LSK member. I will pursue the relevant legal channels to halt the aforementioned illegalities," the letter concluded.
Earlier Thursday, Odhiambo defended her decision to accept President William Ruto’s appointment as Vice Chair for the Framework for the Reparation and Compensation of Victims of Demonstrations, Public Protests, and Riots.
Speaking shortly after being sworn in, she said she has not abandoned her principals or trust placed in her by taking up the role.
"As I take up this responsibility, let it be known that I have in no way betrayed your trust. Let it be clear that access to criminal justice remains critical to me in our quest to promote and protect the rule of law as an essential element in the enjoyment of the fundamental human rights and freedoms," she said.
Odhiambo acknowledged that her decision was unpopular; however, she insisted that she was also considerate of the voices of victims’ families who continue to grieve.
"I have today chosen a bold but unpopular step, some of my colleagues in the legal profession may not like this move and for sure, thousands of Kenyans have voiced their reservations.
"I have heard your cries and listened to your concerns; in the same vein I have heard the cries of the victims' families like Mama Angeline Okinda in Bondo. The pain shared by Jonah Kariuki, Mama Gillian Munyao and many other parents whose sons and daughters have fallen in the hands of Kenya Police officers," she further said.
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