The High Court has issued temporary orders restraining the Law Society of Kenya (LSK) from disrupting or interfering with court proceedings in relation to its ongoing boycott of cases involving certain senior judges.
Justice David Mburu granted the conservatory orders on Monday, citing the need to protect the administration of justice while a preliminary objection on the court's jurisdiction is being determined. The orders specifically prevent LSK from obstructing cases before judges named in its boycott communication, including Chief Justice Martha Koome and Deputy Chief Justice Philomena Mwilu, as well as any other judicial officers.
The interim injunction will remain in effect until September 17, 2026, pending further court rulings.
Background of the Dispute
The legal challenge was initiated by lawyer Adrian Kamotho, who argues that the LSK's nationwide boycott is unconstitutional and infringes on judicial independence. Kamotho contends that the boycott unjustly denies litigants their constitutional right to access justice.
During the hearing, lawyers representing judges involved in the matter supported the application to halt the boycott, emphasizing that it undermines the effective functioning of the judiciary.
The Judicial Service Commission (JSC) also appeared before the court, highlighting the atmosphere of fear and uncertainty among judges and magistrates amid the dispute. The JSC urged the court to acknowledge the prevailing challenges within the judiciary.
Next Steps
The court will next consider whether it has jurisdiction to hear the case, with a ruling on the preliminary objection expected in September. Until then, the LSK is barred from interfering with court activities as the legal process unfolds.
