High Court Suspends LSK Boycott of Judges Until September

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.