High Court halts LSK court boycott: order restored for Chief Justice Koome and judges

A High Court sitting in Nairobi has issued conservatory orders restraining the Law Society of Kenya (LSK) from disrupting or interfering with court proceedings before judges and judicial officers nationwide.

Presiding over the matter, Justice David Mburu ruled that interim intervention was vital to restore order within the Judiciary and safeguard uninterrupted access to justice while a preliminary objection challenging the court’s jurisdiction is determined.

The legal standoff stems from a petition filed by lawyer Adrian Kamotho, who challenged the LSK’s directive calling for a targeted and nationwide boycott of proceedings involving key judicial figures, including Chief Justice Martha Koome and Deputy Chief Justice Philomena Mwilu.

Kamotho argues that the lawyers’ body issued an unconstitutional directive that severely compromises judicial independence and denies litigants their fundamental right to be heard.

Echoing these concerns, advocate Danstan Omari and Peter Wanyama, representing interested judges in the suit, firmly opposed the LSK’s strike action, characterizing it as a direct interference with the administration of justice.

Adding to the gravity of the application, the Judicial Service Commission informed the court during the mention that judges and magistrates serving as its members have been working under a cloud of fear due to the escalating dispute, urging the bench to take judicial notice of the tense atmosphere across the court stations.

In weighing the affidavits presented by all parties, Justice Mburu emphasized that the temporary bar on LSK activities will remain active until September 17, ensuring that court calendars proceed without hindrance while the jurisdictional challenge is formally resolved.

The court is slated to deliver its ruling on the preliminary objection in September.

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