The Law Society of Kenya (LSK) has thrown its weight behind the growing condemnation of the police action at a church in Othaya. LSK President Faith Odhiambo has termed the use of teargas against congregants as "barbaric, unconstitutional, and a gross violation of the freedom of worship."

In a strongly worded press briefing, the LSK leadership demanded the immediate interdiction of the commanding officer who ordered the assault on the ACK Witima Church. "The police service is not a militia," Odhiambo declared. "There is no law in Kenya that permits the police to storm a church and gas faithfuls, regardless of who is in attendance. This is a return to the dark days of dictatorship."

Legal Action Looming

The Society has threatened to file a public interest petition to compel the Independent Policing Oversight Authority (IPOA) to fast-track investigations. They are also exploring the possibility of private prosecution against the individual officers involved. "We will not just issue statements; we will meet them in court," Odhiambo vowed.

The legal fraternity is concerned that the rule of law is being eroded by a police force that acts with impunity. The Constitution of Kenya 2010 guarantees the right to assembly and worship. The LSK argues that these rights are absolute and cannot be suspended at the whim of the executive.

• The Precedent: This incident joins a list of recent police excesses, including the handling of protests in Nairobi. The LSK warns that normalizing such violence is a slippery slope to a police state.
• The Victims: The Society has offered pro bono legal representation to any worshipper injured during the stampede to sue the state for damages.
• The Demand: Beyond individual accountability, the LSK is calling for a structural review of police operating procedures regarding religious institutions.

Defending the Constitution

As the primary defender of the public interest, the LSK’s entry into the fray raises the stakes for the government. It signals that the Othaya incident will not be swept under the carpet. The image of lawyers in robes standing in defense of the clergy is a powerful symbol of the unity of civil society against state overreach.

For the residents of Othaya, the support of the LSK offers a glimmer of hope that justice might yet be served. The teargas may have dispersed the congregation, but it has united the country in a demand for accountability.