LSK demands probe into alleged judicial misconduct at Maua Law Courts, accuses magistrates of shielding officers

The Law Society of Kenya (LSK) has called for immediate investigations into allegations of misconduct by judicial officers at the Maua Law Courts, accusing the Kenya Magistrates and Judges Association (KMJA) of shielding errant officers.

In a statement on Saturday, LSK President Faith Odhiambo criticised KMJA’s response to a recent demonstration by advocates in Meru Chapter, saying it failed to address the seriousness of the situation.

In an incident on October 30, advocates protesting at Maua Law Courts reportedly harassed a sitting magistrate, blocked her vehicle and directed inflammatory chants of “mwizi” (thief) at her.

The LSK condemned the behaviour of Hon Damacaline Bosibori and other judicial officers, describing their conduct towards advocates, court staff, members of the public and court users as condescending.

“The Society recognises the seriousness of the issues raised and emphasises that judicial independence and accountability are not mutually exclusive; they are complementary pillars of the rule of law that must be upheld without hesitation,” Odhiambo said.

She added that the situation at Maua reflects broader systemic problems, noting that “long-standing grievances over the conduct of some judicial officers and strained relationships between the Bar, the Bench and court users have been simmering for far too long.”

Despite numerous complaints raised through formal channels, Odhiambo said many remain unresolved, eroding public trust in the justice system.

“Although the Judicial Service Commission (JSC) has established mechanisms to address these issues, including the Judicial Conduct Complaints Commission and the Court Users’ Committees, more needs to be done to ensure that these mechanisms are effective in promoting accountability and transparency within the Judiciary,” Odhiambo said.

The LSK criticised the common practice of transferring officers accused of misconduct instead of holding them accountable, saying it “perpetuates a cycle of impunity” and undermines the rule of law.

“Errant officers should not be posted to other stations until the concerns raised against them are adequately addressed by the Judiciary. Members of the Society will not accept such judicial officers in other stations,” the statement added.

The LSK has called on the JSC to immediately launch a comprehensive and impartial investigation into the conduct of judicial officers stationed at Maua Law Courts, including those named in formal complaints. The Society also urged a thorough review of administrative and working conditions at the station to identify and address systemic challenges that have contributed to the breakdown of relationships between advocates, judicial officers and court users.

“Accountability measures must be substantive and not limited to cosmetic transfers, which have proven ineffective in addressing misconduct and restoring public trust,” Odhiambo said.

She further noted that ongoing dialogue between the Judiciary, KMJA and other stakeholders has not yielded results, prompting LSK to explore other measures, including mobilising its members to boycott court stations nationwide until their concerns are addressed.

“The Society reaffirms its unwavering commitment to defend judicial independence while insisting on and monitoring accountability, transparency and ethical conduct from all officers of the court. The LSK remains committed to ensuring that justice is served with integrity, dignity, and fairness to all Kenyans,” Odhiambo said.

Following the protests, the Kenya Magistrates and Judges Association (KMJA) issued a statement condemning the actions of the advocates. KMJA Secretary General Tom Mark Olando described the events as “a new and dangerous low” in the relationship between the Bar and the Bench, citing harassment of a sitting magistrate, vehicle blockage, ridicule of judicial officers, and defamatory placards.

Other Topics To Read

• Headlines
• National
• Judiciary corruption
• Law Society of Kenya
• judiciary complaints
• judicial tribunals
• Maua Law Courts
• judicial misconduct
• LSK demands probe into alleged judicial misconduct at Maua Law Courts
• accuses magistrates of shielding officers

“This was not a peaceful protest; it was intimidation and incitement,” Olando said.

He warned that the Maua incident reflects a growing trend of hostility against the Judiciary, including threats, public vilification and mob-like behaviour by advocates.

The association also criticised cyberbullying by a section of advocates involving misinformation and re-litigation of cases on social media.

“Such behaviour is a gross violation of professional conduct and an affront to the dignity of the court,” KMJA said.

It further urged advocates to use established channels for complaints, including the Judicial Service Commission, Advocates' Complaints Commission, and Bar-Bench committees, rather than resorting to protests.

“The solution cannot be found in chaos. Let reason prevail over emotion. We invite them to engage through the proper channels. This is the mature, professional path that will ultimately make the Judiciary stronger,” read the statement.

The association also commended members of the public for not succumbing to the protests and reaffirmed its commitment to safeguarding judicial independence and the rule of law.