The President of the Law Society of Kenya (LSK), Faith Odhiambo, has expressed her disappointment in how sexual harassment cases in the law profession in the country have been handled, calling for better procedures to ensure victims get the justice they deserve.
This comes following a surge in complaints of alleged incidents of sexual harassment involving individuals working in the legal profession.
In a statement, Odhiambo condemned sexual harassment in the industry, calling for aggressive, collective measures to curb the misconduct and create a safe and fair practice environment for everyone involved.
“It is regrettable that the profession tasked with upholding the rule of law continues to grapple with this endemic vice that has disadvantaged thousands of Kenyans in the workplace. The emerging concerns have been endured for to long and the conversation on how to end it shied away from too many times. Let us take this moment to aggressively and collectively fight off this menace,” she stated.
Additionally, Odhiambo highlighted a recent case that saw 22 individuals lodge a sexual harassment complaint against one colleague. However, the Gender Committee was unable to have 21 of the 22 alleged victims join the complaint.
Nonetheless, in a decision delivered and dated November 27, 2025, the Advocates Disciplinary Tribunal (DT) declared that it did not have jurisdiction on the complaint, explaining that sexual harassment is a criminal offence which should be prosecuted through the relevant criminal channels.
“While this decision is regrettable, it exposes a gap in the legal framework for handling of sexual harassment cases, and necessitates law reform efforts to entrench the Sexual Harassment and Anti-Bullying Policy (SHABP) into law through parliament rather than an internal members’ resolution,” she remarked.
How cases of sexual harassment are handled in the law profession
During the 2019 Annual General Meeting, LSK members passed and adopted the Sexual Harassment and Anti-Bullying Policy (SHABP). Its primary objectives are: promoting safe and respectful professional spaces free from sexual harassment and bullying, fostering a culture of zero tolerance toward such conduct, and providing advocates with a clear framework for prevention, reporting, and redress.
The Policy applies to all categories of staff, including part-time, temporary, probationary, casual, and contract staff, as well as pupils and students attached to law firms and the Law Society of Kenya.
It is a protective measure put in place to guard against all inappropriate and abusive conduct whether it occurs in physical offices, or outside office environments including during client meetings, business travel, firm or Society-sanctioned social events, and electronic communications.
The policy outlines an elaborate process for lodging complaints relating to sexual harassment either at the Advocates Complaints Commission (ACC) or the Advocates Disciplinary Tribunal (DT). However, LSK President elaborated that that the Society’s council does not interfere with the process.
“To protect the independence and integrity of the disciplinary process, neither complaints lodged directly to the DT nor those reported to the ACC require or undergo the review, ratification, intervention or any other input of the council of the Law Society of Kenya.”
Mitigating sexual harassment in the law profession
Apart from recommending that the Sexual Harassment and Anti-Bullying Policy (SHABP) be entrenched into law through parliament rather than an internal members’ resolution, Odhiambo explained that Section 60 of the Advocates Act should be reassessed to clearly describe what constitutes disgraceful or dishonorable conduct for an advocate.
“We must reassess the provisions of Section 60 of the Advocates Act with a view of particularizing, with due specificity, what constitutes disgraceful or dishonorable conduct incompatible with the status of an advocate, and to what extent the quasi-judicial mandate of the DT relates thereto.”
She added that besides strengthening LSK’s internal measures and mechanisms, professionals in the industry must remain aware that sexual harassment is a criminal offence according to the Sexual Offences Act and not a mere practice issue.
“It is in the interests of justice and to deter reoccurrence that every person identified as a perpetrator be arrested, prosecuted and dealt the just punishment recognized in law for their criminal conduct.”
She urged affected individuals to take complaints through the established internal disciplinary processes, including the Advocates Complaints Commission and the Advocates Disciplinary Tribunal.
However, she added that persons with legitimate complaints can also report such matters to the police so that perpetrators may face the law.
“The Law Society of Kenya, through the Gender Committee, remains fully committed to supporting victims who pursue either or both avenues and will render all necessary assistance in facilitating accountability.”
The LSK council has taken several measures to facilitate the enforcement of the Sexual Harassment and Anti-Bullying Policy (SHABP). They include the Gender Committee spearheading awareness and sensitization efforts on the policy through webinars, informational pamphlets, outreach during the Legal Awareness Weeks, data collection surveys, and branch-level engagements.
These efforts saw the Committee recommend that all law firms and legal departments adopt a model SHABP to be submitted during Practicing Certificate renewal.
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