High Court allows petition against Law Society of Kenya judicial boycott to proceed

The High Court has dismissed a preliminary objection by the Law Society of Kenya (LSK), allowing a constitutional petition regarding a judicial boycott to proceed to a full hearing. Justice David Mburu ruled that the LSK’s internal dispute resolution mechanisms were insufficient to address the constitutional questions raised in the petition.

The petition, filed by lawyer Dr. Adrian Kamotho Njenga, challenges LSK resolutions that initiated a nationwide court boycott and a subsequent targeted boycott of specific judges and judicial officers. Under these measures, advocates were directed to seek adjournments or recusals when appearing before affected officials. The boycott also required affected judges to deliver pending rulings but prohibited them from presiding over new hearings.

Dr. Njenga argues that these actions infringe upon constitutional rights, including access to justice and legal representation. Following the dismissal of the objection, legal counsel has sought expanded interim protections to safeguard the functioning of the Judiciary, including judges, magistrates, and the Judicial Service Commission, particularly as the country approaches an election period.