The Milimani High Court has granted a temporary conservatory order preventing the Law Society of Kenya (LSK) from disrupting ongoing court proceedings during its nationwide boycott. The order was issued on August 3, 2026, by Justice David Mburu as the court considers a petition challenging the boycott.
The ruling specifically bars LSK from interfering with cases before judges and judicial officers named in its July 20, 2026 communication, as well as any other judicial officers not listed. This order remains in effect until September 17, 2026, when the court will decide on LSK's preliminary objection regarding jurisdiction.
Background
- Advocate Adrian Kamotho filed the petition against LSK, led by President Charles Kanjama.
- The petition challenges the constitutionality of the boycott targeting Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and other judges.
- Kamotho argues the boycott undermines judicial independence and threatens the rule of law by pressuring lawyers to seek adjournments, transfers, or recusals contrary to client instructions.
- LSK reportedly threatened disciplinary measures against judges, judicial officers, and advocates who do not comply with the boycott.
Kamotho's petition names multiple parties including the Judicial Service Commission, Chief Justice Koome, Deputy Chief Justice Mwilu, several High Court and Supreme Court judges, Court of Appeal Judge Sankale Ole Kantai, Kibera Chief Magistrate Stella Atambo, and the Kenya Magistrates and Judges Association.
The court's interim order represents a significant move to uphold the administration of justice amid the ongoing dispute between the judiciary and the lawyers' body.
