The arraignment of nine Utumishi Academy girls following a tragic incident that claimed 16 lives has sparked heated debate across the country. While public anger has been directed at the suspects, lawyer Dunstan Omari has stepped forward to explain why advocates are defending them despite widespread outrage.
Speaking On Court Helicopter, Omari emphasized that under Kenyan law, every accused person is entitled to legal representation.
He cited the Advocate’s Oath and the cab rank rule, which obligates lawyers to take up cases without discrimination, regardless of public opinion. “Our loyalty is not to the client but to the law,” he said, stressing that refusing to represent unpopular defendants would undermine the justice system.
The lawyer pointed to constitutional provisions, particularly Article 50, which guarantees the right to counsel. He explained that if families cannot afford representation, the state must provide pro bono lawyers to ensure due process.
Omari also noted that advocates may only decline cases if they are personally conflicted or directly involved, but otherwise must defend accused persons “without fear or favor.”
The case has reignited discussions on the role of lawyers in defending individuals accused of serious crimes. Omari referenced past instances where advocates faced criticism for representing suspects in high-profile cases, including murder and defilement trials. He argued that such representation is not about condoning alleged crimes but about safeguarding the rule of law.
As the nine girls remain in remand for 21 days pending investigations, the debate highlights the tension between public sentiment and constitutional rights. For Omari and other advocates, the defense of the Utumishi girls is a reminder that justice must be upheld even in the face of public fury.
Can lawyers defend people accused of horrific crimes? Can an advocate refuse to represent murder suspects, defilement suspects, or even the nine girls linked to the Utumishi Academy tragedy?
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