Judiciary Rejects LSK Court Boycott, Says All Courts Will Remain Open

The Judiciary has assured Kenyans that all courts will remain open on Wednesday, July 22, despite the Law Society of Kenya’s (LSK) planned nationwide boycott of court proceedings.

The assurance follows the LSK’s announcement that advocates will boycott proceedings before judges who have obtained court orders stopping the Judicial Service Commission (JSC) or the Ethics and Anti-Corruption Commission (EACC) from investigating misconduct and corruption complaints against them.

The society said the boycott will begin on Wednesday before expanding into an indefinite refusal by advocates to appear before the affected judges. The move is expected to affect proceedings in several courts, including the Supreme Court.

According to the LSK, the action follows repeated but unsuccessful engagements with the Judiciary over concerns about judicial accountability, integrity and delays in the administration of justice.

“The Judiciary does not consider a boycott of court proceedings to be an appropriate or proportionate response to the concerns raised. Such action would primarily prejudice litigants and other court users whose matters are scheduled for hearing and determination,” the Judiciary said.

Additionally, LSK said it has consistently called for complaints lodged before the JSC to be handled “expeditiously, transparently and fairly to strengthen judicial accountability, integrity and public confidence in the Judiciary.”

LSK also cited delayed rulings, case backlogs, registry inefficiencies, disruptions to the e-filing system, delays in releasing court-held funds, and discourteous treatment of advocates as reasons for the boycott.

Responding on Monday, the Judiciary said it does not consider a boycott of court proceedings an appropriate response, warning that the action would primarily affect litigants whose cases are scheduled for hearing.

The Judiciary therefore urged all litigants, advocates and court users to attend court as scheduled, stating that all courts across the country will continue operating normally.

Further, the court also called on the LSK to pursue its concerns through dialogue, noting that the two institutions have held at least five consultative meetings over the past two years, with another meeting scheduled for July 31.

The Judiciary further reminded the public that judges and judicial officers are protected by Article 160 of the Constitution, which guarantees judicial independence and prohibits any person or authority from directing how courts should decide cases.

On accountability, the Judiciary said complaints against judges and judicial officers should be submitted to the Judicial Service Commission or the Office of the Judiciary Ombudsman for investigation and action in accordance with the law.