The president of the Law Society of Kenya, Eric Theuri, is fighting to not just be the next LSK male representative at the Judicial Service Commission but also to safeguard his legacy as the 50th boss of the lawyers’ lobby. Amid his hectic campaign schedule, he sat down with the Star’s GORDON OSEN to respond to some of sharp criticism that dogs him.
During the debate convened by the Mombasa Law Society, you seemed to suggest that one of your opponents was a state favourite, are you also clutching at straws here?
May be the said opponent can answer whether he is a state project or not, but all members can see for themselves who the state does not want to be elected in this race. In fact, operatives of the state including politicians have made it clear that they want a friendly leader at the law society and at the JSC, and it is in public knowledge that I’m not that friend.
President William Ruto has said - not in one instance or two or three - that I’m an irritant to him and his administration. They have also said they don’t like the work that has been done by the current leadership of the society.
It is not difficult to know why that is the case. We have stood up fearlessly for the rule of law, boldly told off the powerful when there has been an overreach and sued countless times to side with the Constitution. The state knows I'm no pushover and at the JSC, I won't be available for manipulation or co-option to push its interest, except that which benefits the members, the public and that which is in line with the public interest.
Also, importantly, I’m not a partisan guy and even at the height of political polarisation I never made statements or social media comments that divided people, took partisan stands or alienated people. I’m also non-ethnic, having been born in Nyeri, raised up in Kakamega and practising in Nairobi, hence cuts across and gels well with people.
If you look at the history of my opponents and the kind of money they are splurging in the campaign, it is easy to draw a conclusion on who wants them there.
You have faced sustained withering criticism from your opponents accusing you of abetting quacks and ceding advocates’ work to the Executive on Huduma centres, how do you come out of this?
If you have been keen, I have largely not responded to those attacks because they are cheap and totally baseless. Lawyers see clearly through them for what they are; as cheap shots. The accusation that I knew about Brian Mwenda are not factual. Mwenda had fashioned himself as an advocate and mingled with them freely. It is through this that he once found himself near me and had a photo taken. But since it came to light that he was a masquerader, I’m leading the charge in his robust prosecution and other counts will be added to ensure he remains in jail where he rightly belongs as a criminal. I have led at the front in weeding out these criminals and I will continue to do so.
For the Huduma centres that have recently been launched by the Judiciary and the Executive, we have sought to challenge them in court. My detractors, clutching at straws, have falsely claimed that as president of the law society sitting at the National Council on Administration of Justice, I was part of the decision. I got elected as president in 2022 and the decision on Huduma centres was made in July 2021 when I did not sit at NCAJ. We have also maintained that not just the leadership of the law society but also the general membership was not adequately consulted as major stakeholders in this, and we have unequivocally opposed it.
How about the claim that you have been largely careerist at the LSK, and that you should now focus on private practice and let others also lead?
Public service should count for something, more crucially considering that the positions I have held in the leadership of the law society are elective, not appointive. I have served in the national council as a member, as chair of Nairobi branch and now as president, and all these require that members vote to give you a mandate and show trust.
I practice law and I’m the managing partner of my firm located in the Upper Hill area, focusing on criminal, constitutional, conveyancing, human rights and commercial law, although I nowadays mostly specialise in corporate commercial law. So, it is dead wrong that I don’t practice. Every opportunity that members have given me to serve them have seen fruits emerge to make our practice better and stand up for the rule of law. Sitting at the Judicial Service Commission will not be any different.
Without delving into specifics of your agenda, how will your representation of advocates look like?
Constant consultation with members and pushing for things that affect the practice of law will be the flagship of my representation. I’m going there on their behalf and not for self-actualisation. I know boardroom politics and negotiation and so I’m the right hand for this.
Also, automation of processes which is part of e-filing is key for me. Cascading the small claims courts so that they reach lawyers and the public is crucial. Proper oversight of judges and magistrates will also be key for me as part of the bid to rid the system of corruption and inefficiency.
Amid the numerous promises you people are making to lawyers in this campaign, how well are you prepared to marry them with the current plans of the commission?
I have read the strategic plans of the JSC and the State of the Judiciary report given by the Chief Justice, among other key documents developed by the commission before I crafted my manifesto. So, going there I will not need a crash course on what happens there, what their plans are and how I can gel in because my plan will easily marry with their plans. Also, I’m not new to the work done by the commission and the relevant partners, given my position.
