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Originally published by Citizen Digital
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August 14, 2025
6h ago

High Court quashes bid to shield advocates from arrest, prosecution while on duty

High Court quashes bid to shield advocates from arrest, prosecution while on duty

Filed in 2019, the petition accused the Director of Public Prosecutions (DPP), the Inspector-General of Police, and other state agencies of intimidating lawyers, compelling disclosure of confidential.....

✨ Key Highlights

The High Court has dismissed a petition by the Law Society of Kenya (LSK) that sought to shield advocates from arrest and prosecution while on duty. The LSK had filed the suit in 2019, alleging intimidation by state agencies.

  • Justice Lawrence Mugambi ruled the petition “fatally defective” due to a lack of specificity and unsubstantiated claims.
  • The LSK accused the Director of Public Prosecutions (DPP) and the Inspector-General of Police of harassment.
  • The court affirmed that advocate–client privilege is not absolute, especially in cases of illegal purpose or awareness of crime/fraud by the advocate.

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