Chief Magistrate Stella Atambo has petitioned the High Court to prevent the Law Society of Kenya (LSK) from carrying out its proposed boycott of court sessions involving certain judicial officers. She argues that the boycott is unconstitutional and will restrict Kenyans' access to justice.
In a replying affidavit submitted through her lawyer Danstan Omari, Atambo claims the boycott attempts to unlawfully interfere with the justice system and unfairly targets judicial officers who have sought legal protection through the courts. She contends the boycott obstructs advocates, litigants, and other court users from accessing justice.
Key Arguments Against the Boycott
- No judicial officer should face reprisals for exercising constitutional safeguards to protect their rights and professional integrity.
- Complaints against judges and magistrates are constitutionally vested in the Judicial Service Commission (JSC), not external bodies.
- LSK lacks legal authority under its governing laws to organize or enforce court boycotts.
- Organized boycotts undermine judicial independence and disrupt the delivery of justice.
- The administration of justice cannot be held hostage to the internal politics or grievances of professional associations.
Atambo also revealed she has initiated a separate legal challenge against the search of her home and the raid on her office, emphasizing that such matters should be resolved through judicial processes rather than public pressure.
She is asking the High Court to restrain the LSK from implementing the boycott and to affirm that any grievances against judicial officers must be pursued through the JSC and courts in accordance with the Constitution.
