The legal profession in Kenya has never been a passive observer of history. From the struggles that led to the 2010 Constitution to ongoing courtroom battles over elections, land, and human rights, lawyers have stood at the center of the country’s democratic evolution.
But what happens when those who defend the law must also fear for their own safety?
The death of Kyalo Mbobu, whose name trended in Kenya’s 2025 search records, stirred not only grief within legal circles but also a deeper unease. It forced a difficult but necessary question into the public domain. Are Kenyan advocates adequately protected in the line of duty?
Lawyers, by the nature of their work, step into conflict. They represent unpopular clients, challenge powerful interests, and expose wrongdoing. In functioning democracies, this role is not just tolerated, it is protected. In Kenya, however, that protection often feels uncertain.
The Law Society of Kenya has long positioned itself as both a defender of constitutionalism and a guardian of its members. It has spoken out against executive excesses, pushed for reforms, and provided a collective voice for the profession. Yet even with such institutional backing, individual advocates handling sensitive matters frequently operate in high-risk environments.
The cost of defending justice
Cases tied to political influence, corruption, or organized crime are not abstract legal exercises. They carry real-world consequences. Intimidation, harassment, and in some cases violence are not unheard of. The message, whether intended or not, is chilling. Some cases may simply be too dangerous to take.
This is not just a problem for lawyers. It is a problem for justice itself.
When advocates are deterred from taking on difficult cases, the ripple effects are profound. Victims are left without representation. Accountability weakens. The rule of law begins to erode, not dramatically but gradually, through silence and fear.
Mbobu’s death resonates because it exposes this fragile reality. It reminds us that the justice system is only as strong as the people willing and able to operate within it.
So what must be done?
First, protections for advocates handling high-risk cases must move beyond theory. This means enforceable safeguards, including rapid response mechanisms for threats, stronger collaboration between the legal profession and security agencies, and clear accountability when intimidation occurs.
Second, the legal profession and the judiciary must take a more proactive stance in identifying and supporting at-risk lawyers. Solidarity cannot remain symbolic. It must translate into tangible protection.
Finally, the public must recognize that defending lawyers is not about privileging a profession. It is about preserving a system. A society where advocates are unsafe is one where justice itself is under threat.
Kenya’s legal history is rich with courage. Lawyers have helped shape the nation’s democratic path, often at great personal cost. But courage alone cannot be the safety net.
If the country values the rule of law, it must also protect those who make it possible.
