NAIROBI, Kenya – The Law Society of Kenya (LSK) has insisted that its resolutions boycotting proceedings before selected judges remain in force despite the High Court issuing interim conservatory orders restraining the society from disrupting court proceedings.
In a statement issued on Monday, the society clarified that the court did not suspend or invalidate its boycott resolutions, but merely directed that court proceedings should not be disrupted pending the determination of a preliminary objection challenging the court’s jurisdiction.
“Contrary to reports in some quarters, the Court did not suspend or lift the Law Society of Kenya’s boycott resolutions. The Court only directed that there should be no disruption of court proceedings pending its ruling on the Preliminary Objection. The Society’s resolutions on the boycott therefore remain in force pending the hearing and determination of the Petition,” LSK said.
The clarification follows interim conservatory orders issued by High Court Judge David Mburu restraining the society from disrupting or interfering with proceedings before judges and judicial officers while the jurisdictional question remains before the court.
While issuing the orders, Justice Mburu said the court had considered the affidavits filed by all parties and taken note of the developments surrounding the dispute. He said the temporary orders were necessary to restore order within the Judiciary and safeguard the administration of justice.
“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,” the judge ruled.
The conservatory orders temporarily bar LSK from undertaking actions that could interfere with proceedings before judges and judicial officers until the preliminary objection is heard and determined.
The case was filed by lawyer Adrian Kamotho, who is challenging LSK’s nationwide and targeted boycott of proceedings involving Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and other judges.
Kamotho argues that the boycott directive is unconstitutional, undermines judicial independence and infringes on litigants’ constitutional right to access justice.
During the proceedings, lawyers Danstan Omari and Peter Wanyama, appearing for interested parties who are judges in the matter, also opposed the boycott, arguing that it interferes with the administration of justice and the functioning of the courts.
The Judicial Service Commission (JSC) also addressed the court, stating that judges and magistrates serving as commissioners had been working under fear due to the ongoing dispute. The commission urged the court to take judicial notice of the prevailing circumstances within the Judiciary.
Despite the interim orders, LSK maintains that its resolutions remain valid and enforceable, provided they do not result in disruption of court proceedings as prohibited by the court.
