The Law Society of Kenya (LSK) has reiterated that its boycott resolutions against certain judges remain effective, despite a High Court order restraining the society from disrupting court proceedings.
In a statement released on Monday, LSK clarified that the court did not suspend or lift the boycott but only instructed that court sessions should proceed without disruption while a preliminary objection is being considered.
LSK's position:
- The boycott remains valid pending the determination of the petition challenging the court's jurisdiction.
- The High Court’s interim orders only prohibit interference in ongoing court hearings, not the underlying resolutions.
The interim conservatory orders were issued by Judge David Mburu, who emphasized the need to maintain order within the judiciary and ensure uninterrupted court operations during the legal process. These orders will remain in force until September 17.
The case was initiated by lawyer Adrian Kamotho, who contests the legality and constitutionality of LSK’s nationwide boycott targeting Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and other judges. Kamotho argues that the boycott threatens judicial independence and restricts access to justice.
Other interested parties, including judges represented by lawyers Danstan Omari and Peter Wanyama, have opposed the boycott, citing interference with the administration of justice.
During proceedings, the Judicial Service Commission highlighted concerns that judges and magistrates involved in the dispute have been working under fear, urging the court to consider the impact of the ongoing conflict.
The High Court is expected to rule on the preliminary objection challenging its jurisdiction in September.
