The Law Society of Kenya (LSK) has accused some judges and magistrates of compelling advocates to continue with court proceedings despite an ongoing nationwide boycott, warning that it will pursue action against judicial officers found to have violated lawyers' constitutional rights.
LSK President Charles Kanjama said the society has received reports from advocates across the country claiming they were forced to proceed with cases even after observing the boycott.
According to him, some matters were dismissed, while in other instances lawyers were ordered to pay court adjournment fees after declining to proceed.
"We are still receiving information from our members who are being forced to proceed with matters and some of whose matters have been taken out with prejudice. They have been either dismissed or asked to pay court adjournment fees," he said on Wednesday.
Kanjama said the society is gathering reports from affected advocates and will review the cases before deciding on the next course of action against judicial officers accused of interfering with the boycott.
"LSK reserves and intends to exercise its right to take further action against any judges, judicial officers or any persons who interfere with the right of lawyers to push for judicial accountability and accountability of the entire legal justice system," he said.
He maintained that the nationwide boycott is protected under Articles 37 and 41 of the Constitution, which guarantee the rights to assemble, demonstrate and participate in lawful industrial action.
Kanjama said the boycott has received strong backing from advocates across the country, noting that many lawyers had withdrawn their matters from court in line with the society's directive. He also commended judges and judicial officers who had respected the action.
"Many lawyers have heeded the call of the Law Society of Kenya to take out their cases before the courts, and we are gratified that several judges and judicial officers have respected what LSK is doing," Kanjama said.
The LSK president urged advocates to continue observing the nationwide boycott throughout the day while documenting any incidents through their respective branches and chapter leadership.
He also announced a total boycott of specific courts, including the Supreme Court, saying advocates should not appear before the targeted courts until further notice.
"We are asking every lawyer not to appear in any court that is subject to the targeted court boycott, and that includes the Supreme Court," Kanjama said, adding that formal notices would be served to the affected judges and magistrates.
Kanjama also criticised what he described as the Judiciary's decision to delay the publication of individual performance data for judges and judicial officers, saying the move had reversed earlier commitments to improve accountability.
"One of the measures of accountability that the Judiciary promised the Law Society of Kenya and the public is publication of individual performance data for every judge or judicial officer," he said.
According to Kanjama, the Judiciary cited a recently filed court case as the reason for postponing the release of the data, despite there being no court orders preventing its publication.
"We strongly deplore the rollback of accountability, which is what the Law Society of Kenya has been pushing for," he stated.
Looking ahead, Kanjama announced that the LSK leadership and members of the Senior Counsel Bar will meet the Judicial Service Commission on Friday, July 31, to present their concerns and push for reforms aimed at improving accountability within the Judiciary.
"The journey towards accountability of the Judiciary is a journey that must come to the right conclusion where the entire legal justice system is accountable," he said.
The court boycott is part of the Law Society of Kenya's wider campaign calling for greater transparency, stronger judicial accountability and reforms across the country's justice system.