RESTRAINING THE STATE FROM EXCESSES: THE ROLE PLAYED BY THE LAW SOCIETY OF KENYA, 1920–2022

Abstract

The 2010–2012 political revolutions in parts of the Middle East and North Africa also referred to as ‘the Arab Spring’ emerged into contemporary political history as a process in which ordinary citizens exerted decisive influence which brought down powerful governments. Studies on the impact of citizens’ influence on governments have, however, mostly associated it with democratisation, where it is mostly reduced to electioneering processes. In Kenya, few studies have explored vertical accountability to explain how citizens work to restrain governments from actions that are against public interest. Using the Law Society of Kenya (LSK) as a representative of citizens’ organisations, this study examined how citizens have endeavoured to restrain the Kenyan state from excesses. The study explored ways in which the LSK restrained the Kenyan state, the state’s response to the LSK’ endeavours, and the evolution of vertical accountability in the continued interaction between the LSK and the Kenyan state since the early 1920s when the institution was founded. The study used data from various sources. These included archival data covering the colonial, Jomo Kenyatta and Moi eras, sourced from the Kenya National Archives (KNA) in Nairobi; direct interviews with target informants; information from sources such as television and YouTube documentaries; theses and dissertations; commission reports; conference papers; journal articles and book chapters; books; internet sources; and magazines and newspapers. Data analysis commenced with transcription of data obtained via interviews and categorisation of all the obtained data in line with the study objectives. Data analysis entailed authentication of sources through external criticism and validation of the accuracy of the information through internal criticism. The data was then interpreted using documentary review, content analysis and theoretical reflections. The findings of the study constituted LSK’s responses to government excesses on the one hand, and government’s reactions to the LSK endeavours through the five administrations since the early 1920s. These findings were interpreted using the postcolonial governmentalities theoretical framework. The framework provided insights for explaining the actions of of the Kenya Government, the relationship between government and the Kenyan society, and illegal government responses to societal restraints. The study contributes to Kenya’s historiography in general and to the country’s legal history in particular.