Advocate Adrian Kamotho has filed a constitutional petition at the High Court seeking to halt the Law Society of Kenya's (LSK) indefinite boycott of court proceedings initiated in July 2026.
Kamotho argues that the boycott undermines judicial independence, causes significant delays in justice delivery, and unlawfully restricts advocates from fulfilling their professional responsibilities.
Details of the Petition
- The petition challenges LSK resolutions and communications issued on July 17, 20, and 22, 2026, which enforce the nationwide boycott.
- Kamotho names the Judicial Service Commission, Chief Justice Martha Koome, Supreme Court and High Court judges, Chief Magistrate Stella Atambo, and the Kenya Magistrates and Judges Association as interested parties.
- He requests the court to suspend the boycott’s implementation and restrain LSK from directing lawyers to avoid specific judges or seek adjournments and case transfers solely due to their inclusion on the boycott list.
Impact of the Boycott
The petition highlights that the boycott, which started on July 23 and remains ongoing, has led to:
- Delays in court proceedings and prolonged detentions.
- Disruption of part-heard cases and increased legal expenses.
- Denial of timely access to justice for litigants.
Legal and Constitutional Concerns
Kamotho contends that LSK has overstepped its mandate by directing advocates to withhold legal services and dictating judicial functions. He also notes the boycott list erroneously included the late Supreme Court Judge Mohammed Ibrahim, who passed away in December 2025, indicating inadequate verification.
The petition raises constitutional questions about the lawfulness of an indefinite, targeted boycott and whether LSK can compel advocates to disregard clients' instructions or condition lifting the boycott on court order reversals.
Kamotho insists that only courts and constitutionally established bodies have authority to discipline judges or regulate their duties.
Relief Sought
The advocate is urging the High Court to issue conservatory orders to ensure uninterrupted court operations while the case is being determined.