Court proceedings across the country are set to face disruption next week after the Law Society of Kenya (LSK) announced a nationwide boycott of court sessions on Wednesday, July 22, saying persistent challenges in the administration of justice have left advocates with no option but to take collective action.
The society also declared an indefinite boycott of selected courts presided over by judges and judicial officers who have obtained court orders stopping investigations by the Judicial Service Commission (JSC) or the Ethics and Anti-Corruption Commission (EACC).
In a statement on Friday, LSK said the move follows continued concerns over complaints against judicial officers and the obstacles facing accountability processes within the Judiciary.
The society directed all advocates not to participate in court hearings or applications during the one-day boycott, except in limited circumstances outlined in its guidelines.
“The boycott shall be implemented in the same manner as court operations during an unscheduled public holiday,” the society said, adding that it had notified the Judiciary to allow administrative arrangements.
LSK maintained that the action is lawful and is intended to push for reforms and accountability within the Judiciary rather than interfere with the administration of justice.
“A court boycott is a lawful, legitimate form of collective action by advocates, who choose to down their tools for a limited period,” the LSK Council stated.
Despite the boycott, advocates will continue filing pleadings and other court documents to ensure compliance with legal timelines. The society said registry services will remain operational during the boycott period.
According to the guidelines, court mentions and applications involving interim orders will only proceed for purposes of taking fresh hearing dates and extending interim orders where necessary.
LSK further directed advocates not to appear before any judge or judicial officer who has obtained orders blocking ongoing JSC or EACC investigations, complaints or disciplinary proceedings.
“To promote judicial accountability and strengthen the constitutional oversight mechanisms established for the Judiciary, the Council has resolved that advocates shall not appear before any Judge or Judicial Officer” affected by such orders, LSK said.
The society added that judges and judicial officers covered by the targeted boycott should only deliver pending rulings and judgments and should not hear fresh cases, part-heard matters or new applications.
The boycott will also extend to all hearings and applications before the Supreme Court, except registry services, with LSK saying the decision is linked to existing court orders affecting JSC processes involving Supreme Court judges.
"The Society has formally notified the Judiciary of the boycott to facilitate appropriate administrative arrangements and to ensure that litigants are not prejudiced by the absence of their advocates," LSK noted.