The Judiciary has rejected a planned nationwide court boycott by the Law Society of Kenya, LSK, insisting that all courts will remain open and cases will proceed as scheduled on Wednesday, July 22, despite lawyers being urged to stay away from proceedings.
In a statement responding to the boycott call, the Judiciary warned that the action would primarily hurt litigants seeking justice, arguing that disruptions to court proceedings could delay cases and prejudice parties who have no role in the ongoing dispute between advocates and the institution.
The Judiciary also defended its record on judicial accountability and case management, maintaining that mechanisms exist to address complaints against judges and judicial officers.
It urged the LSK and individual advocates with grievances to pursue dialogue and use existing constitutional and institutional mechanisms for lodging complaints rather than disrupting court operations.
The response sets the stage for a confrontation between the Judiciary and the lawyers' body, which has directed advocates across the country to boycott court proceedings on Wednesday as part of protests over concerns about the administration of justice.
LSK President Charles Kanjama said the boycott was prompted by concerns raised by advocates over delays in the hearing and determination of cases, delays in delivery of rulings and inefficiencies in court registries.
“Members have reported persistent inefficiencies in court registries and they have raised concerns about the effectiveness of the mechanisms for addressing complaints against judges and judicial officers,” Kanjama said.
He said the LSK Council had resolved to undertake the boycott to demonstrate the seriousness of the concerns raised by its members and push for reforms within the justice system.
“The boycott is intended to underscore the seriousness of the issues raised by members and to call for meaningful institutional interventions that will restore confidence in the administration of justice,” Kanjama said.
The LSK has also escalated its protest by directing advocates to indefinitely shun proceedings before judges who obtained court orders blocking disciplinary processes initiated by the Judicial Service Commission, JSC, further deepening tensions between sections of the legal profession and the Judiciary.
However, the Judiciary maintained that accountability concerns should be addressed through established legal processes, warning against measures that could undermine access to justice.
The standoff comes amid growing debate within the legal fraternity over judicial accountability, case delays and the effectiveness of disciplinary mechanisms for judicial officers.
LSK has said advocates participating in Wednesday's boycott will refrain from court hearings and applications, although the filing of cases will not be affected. Proceedings involving interim orders may only be attended where necessary to secure fresh hearing dates or extensions of existing orders.
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