5.

Recommendations
It is quite evident that even though being a lawyer and more so an advocate does not put one
in the front line of battle, it still remains a high-risk profession. As such the following are
recommendation on how the risks that advocates face can be eliminated or at the least
significantly reduced.

5.1 Intervention from the Executive and Legislative arms of Government.

The Constitution of Kenya provides for three arms of government with each having their own
distinct functions. Advocates being officers of the court 1, fall under the Judiciary arm of
government which is an arm vested with judicial authority. 2 The Legislative arm of
government is tasked with enacting legislation as provided for in the Constitution 3. As such,
it is expected that the Legislature can pass law(s) that provide for the protection of advocates.
Moreover, as provided in article 2(5) and (6) of the Constitution, General rules of
International Law and Treaties or Conventions ratified by Kenya shall form part of the laws
of Kenya under the Constitution.4 Therefore the Basic Principles on the Role of Lawyers,
which have been formulated to assist UN Member States in their task of promoting and
ensuring the proper role of lawyers qualify to form part of the laws of Kenya by dint of the
aforementioned Constitutional provisions.

These principles are required to be respected and taken into account by Governments within
the framework of their national legislation and practice and should be brought to the attention
of lawyers as well as other persons, such as judges, prosecutors, members of the executive
and the legislature, and the public in general. 5 One of the principles provides that for it to be
possible to guarantee the functioning of lawyers some measures need to be in place. For
instance governments are required to ensure that lawyers are able to perform all of their
professional functions without intimidation, hindrance, harassment or improper interference.
Furthermore that where the security of lawyers is threatened as a result of discharging their
functions, they shall be adequately safeguarded by the authorities.6

1
The Constitution of Kenya (2010), article 161.
2
The Constitution of Kenya (2010), article 159.
3
The Constitution of Kenya (2010), article 94.
4
The Constitution of Kenya (2010), article 2(5) (6).
5
United Nations Human Rights, Office of the High Commissioner, ‘Basic Principles on the Role of Lawyers’
<https://www.ohchr.org/en/professionalinterest/pages/roleoflawyers.aspx> accessed on 5 April 2020.
6
Ibid.
The authorities that can be able to safeguard the security of advocates can only be law
enforcers who are under the executive arm of government.

5.2 Creation of an Independent Body

Once a law has been put in place to ensure protection of lawyers, it would only be prudent
that included in that piece of legislation are details on how that would be achieved and who
would have the mandate to ensure that. Taking into account the fact that advocates in addition
to being brutalized by police, politicians, litigants also face the same from fellow advocates,
having an independent body working to ensure their security would be the best route to take.

NB : (yet to include a basic structure/suggestion of who will comprise this) and I think I will
be better placed to recommend more once I see what kind of threats have been mentioned –
eg for cyber threats- a diff recommendation would be applicable etc.