LSK Names CJ Koome in Court Boycott as Kenya's Judiciary Crisis Explodes

The High Court has temporarily stopped the Law Society of Kenya (LSK) from enforcing or participating in its boycott of judges and judicial officers pending the determination of a preliminary objection challenging the court's jurisdiction.

In a ruling delivered on Monday, August 3, Justice David Mburu issued conservatory orders aimed at preserving normal court operations and preventing disruption to judicial proceedings while the matter remains before the court. The orders will remain in force until September 17.

"There will be an interim conservatory order restraining the respondent from disrupting and/or interfering with court proceedings before the judges mentioned in their communication or any other Judge and Judicial Officer pending the hearing of the PO," Justice Mburu ruled.

The case was filed by lawyer Adrian Kamotho, who argues that the LSK's nationwide and targeted boycott of proceedings involving Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and several other judges is unconstitutional and undermines litigants' right to access justice.

Lawyers representing interested parties, including judges affected by the boycott, supported the application and argued that the LSK directive interferes with the administration of justice and the smooth functioning of the courts.

The court is expected to determine the preliminary objection before hearing the substantive issues raised in the petition.

The Law Society of Kenya (LSK) has named Chief Justice Martha Koome and several senior judges among judicial officers whose courts will be affected by a nationwide boycott beginning Wednesday, July 22, escalating pressure on the Judiciary over accountability, case delays and stalled disciplinary proceedings.

The unprecedented action places the country's highest judicial leadership at the centre of a growing confrontation between lawyers and the Judiciary, with the legal body accusing the institution of shielding judges from accountability while ordinary court users continue to suffer delays and administrative inefficiencies.

The boycott comes despite ongoing engagement between the Judiciary and the LSK, raising fresh questions about the state of judicial reforms and public confidence in Kenya's justice system.

LSK Court Boycott Puts Kenya's Highest Judicial Officers on Notice ¶

In a statement issued on Monday, July 20, LSK President Charles Kanjama identified several top judges linked to ongoing court cases that have halted disciplinary proceedings before the Judicial Service Commission (JSC) and criminal investigations.

Among those named are Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and Supreme Court judges Isaac Lenaola, Smokin Wanjala, Njoki Ndung'u and Mohammed Ibrahim.

The list also includes Court of Appeal Judge Sankale Ole Kantai, Justice Lucy Waithaka, Justice Stella Atambo, Lady Justice Dora Chepkwony and Justice Josephine Mong'are.

According to the LSK, the protest seeks to push for greater judicial accountability and institutional reforms, arguing that unresolved disciplinary disputes have undermined public confidence in the administration of justice.

The society maintains that meaningful reforms are necessary to restore transparency, strengthen oversight mechanisms, and protect the integrity of Kenya's courts.

Lawyers Cite Delays, Registry Failures and Accountability Concerns ¶

The boycott follows an earlier directive issued by the LSK requiring advocates nationwide to withdraw from most court proceedings beginning July 22.

Under the planned action, lawyers will refrain from participating in hearings and substantive applications, although court mentions and urgent applications involving interim orders will proceed solely to obtain new hearing dates or extend existing orders where necessary.

The legal body says the action is driven by longstanding frustrations over delayed judgments, prolonged case backlogs and persistent inefficiencies in court registries.

According to Kanjama, advocates have repeatedly raised concerns over delayed delivery of rulings, poor administrative systems and what they describe as ineffective mechanisms for handling complaints against judges and judicial officers.

The standoff also reflects broader concerns about the working environment for advocates and the pace of reforms within the Judiciary despite repeated consultations with judicial leadership.

Judiciary Insists Courts Will Remain Open ¶

Despite the looming boycott, the Judiciary has maintained that all courts across the country will continue operating normally.

The institution has urged litigants, advocates and members of the public to attend court as scheduled, insisting that justice delivery should not be disrupted.

Judicial officials have also appealed for dialogue, noting that the Judiciary and the Law Society have held at least five consultative meetings over the past two years to address concerns raised by advocates.

Another meeting between the two institutions is reportedly scheduled for July 31, although the latest boycott suggests previous engagements have failed to resolve key disputes.

The confrontation is expected to test relations between Kenya's legal profession and the Judiciary, with the outcome likely to shape future reforms on judicial accountability, case management and public confidence in one of the country's most important constitutional institutions.