NAIROBI, Kenya — The High Court has issued conservatory orders temporarily restraining the Law Society of Kenya (LSK) from disrupting or interfering with court proceedings, pending the determination of a preliminary objection challenging the court’s jurisdiction to hear a case against the lawyers’ body.
Justice David Mburu issued the interim orders after considering affidavits filed by the parties and taking note of recent events surrounding the dispute.
The judge said the orders were necessary to restore order within the Judiciary and ensure that court proceedings continue uninterrupted while the matter remains before the court.
“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. The order will last until the 17th of September,” Justice Mburu ruled.
The conservatory orders temporarily bar the LSK from undertaking any actions that could disrupt proceedings before judges and judicial officers until the court determines the preliminary objection.
The petition was filed by advocate Adrian Kamotho, who is challenging the LSK’s nationwide and targeted boycott of proceedings involving Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and several other judges.
Kamotho argues that the boycott directive is unconstitutional, infringes on judicial independence and denies litigants their constitutional right of access to justice.
Lawyers Danstan Omari and Peter Wanyama, representing interested parties who are judges in the proceedings, also opposed the LSK’s directive, arguing that it interferes with the administration of justice and the functioning of the courts.
During the mention of the matter, the Judicial Service Commission (JSC) informed the court that judges and magistrates serving as commissioners had been carrying out their duties under fear due to the ongoing dispute.
The commission urged the court to take judicial notice of the prevailing circumstances within the Judiciary when determining the matter.
The High Court is expected to deliver its ruling in September on the preliminary objection, which challenges whether it has jurisdiction to hear the petition.
