Senior Counsel Fred Ojiambo Advocates for Enhanced Legal Partnership and Interpretation

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By Jared Odhiambo 

The Chairman of the Senior Counsel Bar Committee, Fred Ojiambo has emphasized on the need for stronger collaboration between senior legal professionals and the broader legal community. 

Speaking during the ongoing Law Society of Kenya (LSK) Annual Conference,in Mombasa, Ojiambo underscored the critical role that the senior bar must play in shaping the future of the legal profession in Kenya.

Ojiambo noted the importance of fostering a close partnership between senior counsel and the rest of the LSK. 

He stressed that this collaboration is not just beneficial but essential for the continued growth and effectiveness of the legal profession in Kenya. 

Reflecting on the theme of this year's conference, which focuses on the intersection of legal practice, governance, and the rule of law, Ojiambo highlighted the significance of this discourse, particularly in the current socio-political climate. He acknowledged the challenges facing the legal profession and the necessity of empowering legal services to adapt to the evolving needs of governance and justice in the country.

Ojiambo delved into the philosophical underpinnings of legal practice, contrasting legal positivism with natural law. He argued that while legal positivism traditionally emphasizes the separation of law from moral concerns, recent societal shifts—exemplified by what he termed the "JC’s revolt"—have necessitated a re-examination of how laws are interpreted and applied. He suggested that the law must now be viewed through the lens of public interest and human rights, a perspective enshrined in Kenya's Constitution, particularly in Article 20.

He urged his fellow legal professionals to recognize the profound impact of recent societal movements, particularly those driven by the younger generation, on the legal landscape. These movements, he noted, have brought renewed urgency and a relentless demand for change that the legal profession cannot afford to ignore.

Ojiambo concluded by lauding the conference organizers for selecting a theme that is not only timely but also prophetic, urging all participants to reflect deeply on the issues at hand. He called for a collective commitment to ensuring that the law is interpreted and operationalized in a manner that fully respects the rights and freedoms guaranteed by the Constitution, warning that failure to do so could have dire consequences.

The LSK Annual Conference continues to be a critical platform for discussions on the future of legal practice in Kenya, with senior legal figures like Ojiambo leading the charge for meaningful reform and progress.

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