LSK North Rift Condemns Alleged Police Assault on Advocate Moses Rotich

The Law Society of Kenya (LSK) North Rift Branch has strongly condemned what it describes as a violent and unlawful assault on Advocate Moses K. Rotich by police officers attached to Tinderet Police Station, allegedly committed while the advocate was lawfully executing his professional duties.

In a statement released by Branch Chairman Oscar O. Oduor, the Society said Advocate Rotich was attacked while serving a valid court order in a civil matter. The incident reportedly left the advocate with serious injuries that required medical attention and temporarily hindered his ability to continue with his legal practice.

LSK North Rift termed the alleged assault “unprovoked, excessive and unjustified,” warning that such actions amount to a direct attack on the administration of justice and the rule of law.

The Society further raised concern over what it termed an attempt by police officers to criminalize the advocate following the incident. According to the statement, the police allegedly sought to prefer charges of taking photographs and assault against Advocate Rotich, leading to his unlawful arrest and detention, with plans to arraign him before the Tinderet Law Courts.

However, the LSK commended the Office of the Director of Public Prosecutions (ODPP) for declining to approve the charge sheet, saying the decision demonstrated professionalism and independence, and prevented what the Society described as an apparent cover-up of police misconduct.

“An attack on an advocate in the lawful execution of duty is an attack on the justice system itself,” the statement read, adding that advocates and all persons legally authorized to serve court processes must be allowed to do so without fear, intimidation or violence.

The Society also warned against the misuse of police power to frustrate court processes, describing such actions as unconstitutional and illegal.

In response to the incident, LSK North Rift resolved to pursue several measures, including demanding the immediate interdiction of all officers involved, lodging a formal complaint with the Independent Policing Oversight Authority (IPOA), and pursuing constitutional, civil and criminal accountability against all persons found culpable. The branch also plans to engage the leadership of the National Police Service (NPS), the ODPP and other oversight bodies to ensure the safety and protection of advocates in the course of their duties.

LSK North Rift reminded all state agencies that court orders are binding and not optional, and emphasized that advocates, as officers of the court, are entitled to protection under the Constitution of Kenya, 2010.

“We shall not stand by as our members are brutalized, intimidated or criminalized for doing their work,” the statement concluded. “We will defend the independence of the legal profession and the rule of law without fear or favour.”

The statement was signed by Branch Chairman Oscar Oduor, alongside Branch Secretary Catherine Akweyu, Treasurer Kinyua Margaret, and members of the branch executive committee.