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Lawyers announce nationwide court boycotts on July 22

Under operational guidelines issued by the Society, advocates will suspend appearances in court on the day of the boycott but will continue filing.

By Bashir Mbuthia

Lawyers across Kenya will stay away from courts on Wednesday, July 22, after the Law Society of Kenya (LSK) announced a nationwide boycott in protest against the Judiciary's alleged failure to address longstanding concerns over corruption, accountability and inefficiencies in the administration of justice.

The boycott, approved by the Society's Council on July 13, will be followed by an indefinite targeted boycott of courts presided over by judges and judicial officers who have obtained court orders blocking the Judicial Service Commission (JSC) or the Ethics and Anti-Corruption Commission (EACC) from investigating or processing complaints of alleged corruption or misconduct against them.

Under operational guidelines issued by the Society, advocates will suspend appearances in court on the day of the boycott but will continue filing pleadings and other court documents within statutory timelines.

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Mentions and matters involving interim orders will only proceed for purposes of taking fresh hearing dates and extending interim orders where necessary.

The Society has also extended the targeted boycott to the Supreme Court, saying all its judges, except one and the Registrar, currently remain in office by virtue of court orders restraining the JSC from handling complaints lodged against them. During the boycott, only registry services at the apex court will continue.

According to LSK, the action follows months of engagement with the Judiciary, including meetings with Chief Justice Martha Koome, Bar-Bench consultations and formal memoranda, which it says have failed to resolve persistent concerns raised by advocates across the country.

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While reiterating its support for judicial independence, LSK said independence must be matched by accountability and transparency.

"Judicial independence must go hand-in-hand with accountability, integrity, transparency and responsiveness to legitimate concerns raised by court users and the Bar," LSK said in a statement signed by President Charles Kanjama.

"Where sustained engagement does not yield adequate progress in addressing matters affecting the administration of justice, the Society has both a statutory and constitutional duty to take lawful, measured and proportionate action to protect the interests of its members, the legal profession and the public.”

According to LSK, advocates continue to report allegations of corruption and misconduct involving some judicial officers, delays in hearing and determining cases, registry inefficiencies, delayed rulings and judgments, inconsistent case management, ineffective mechanisms for addressing complaints against judges, and repeated disruptions of the Judiciary's electronic filing and digital court systems.

The Society also cited concerns over the transition of the Judiciary's Pro Bono Scheme and Pauper Briefs to the National Legal Aid Service (NLAS), including proposed mandatory accreditation requirements for advocates, delays in payment of outstanding legal fees and reforms it says could undermine advocates' statutory role in providing legal representation.

Besides the boycott, the Council resolved to establish a confidential reporting mechanism through which advocates will periodically submit information on judicial performance, allegations of misconduct and corruption, registry inefficiencies, delays in court processes and other systemic challenges.

The information will be verified and used to strengthen evidence-based engagement with the Judiciary and the JSC.

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