UNCONSTITUTIONAL

Detention of female city lawyer sparks protests from LSK

In Summary

• Her law firm, Abib and Associates recalled an RTGS payments of Sh6 million her firm had issued to one Salim Ali Sheik.

• The Law Society of Kenya President Allen Gichuhi told the Star the police is being malicious.

Law Society of Kenya President Allen Gichuhi.
Law Society of Kenya President Allen Gichuhi.
Image: JOHN CHESOLI

The Law Society of Kenya is up in arms against the police over the detention of a city lawyer terming it as a blatant abuse of public office.

Police officers pounced on lawyer Zamzam Abib on Friday at the beginning of the long Easter weekend and have declined to release her on police bond.

Her law firm, Abib and Associates recalled an RTGS payments of Sh6 million her firm had issued to one Salim Ali Sheik on the instruction of her client.

The rescinding of the payments sparked a commercial dispute and Sheik sued Zamzam in a bid to compel her to pay.

Her arrest which LSK says is a purely civil matter, has sparked protests.

The Law Society of Kenya President Allen Gichuhi told the Star the police is being malicious.

It’s very malicious. There is more than meets the eye. This is a young lady, she is a mother, she has ulcers, they are just keeping her there for no reason and we will insist on having a meeting with the IG himself. This is unacceptable. We are not just talking about her as a lawyer but the rights of every Kenyan citizen.
Law Society of Kenya President Allen Gichuhi

He said his team is going to write a protest letter to new Inspector General of Police Hillary Mutyambai for violating the constitutional rights of a Kenyan.

Allen said LSK have pitched camp at Kilimani since Friday but their pleas have not borne fruits.

“We have tried since Friday to have the police release her on bail and they have refused. We can’t understand why. The offence that they are claiming to be investigating is stopping an RTGS instruction, surely!”Gichuhi protested.

Under the Constitution, Gichuhi said, unless you are a flight risk, all suspects are entitled to bail or a police bond.

He pledged that they are seeking a meeting today with the OCPD to understand why Zamzam has been denied a constitutional right

The matter has sparked protest from lawyers with many taking to Twitter to express their outrage

Lawyer Nelson Havi said the Zamzam is a victim of “extortionists with strong connections in the police service”

“The extortionists have resorted to abuse of police power to put pressure to bear on an Advocate, to pay a demand that is not due or lawful. This is corruption of the highest level,” he protested.

Former National Assembly Speaker Farah Maalim protested that arresting “a young mother on Good Friday and denying her bail because of a matter that is purely civil is the height impunity”

“Even under the terrible days of KANU, extortion cartels didn't run the criminal justice system. Zamzam as an Advocate is an officer of the court. Dignity!!” he stated.

Nasa Chief Executive Officer Norman Magaya alleged that the police in cahoots with the complainant has continuously sent emissaries to Zamzam to pay the Sh6 million or she would not be released.