LSK announces nationwide boycott of court proceedings
LSK announces nationwide boycott of court proceedings
The Law Society of Kenya has announced a nationwide boycott of court proceedings on Wednesday, July 22, and an indefinite boycott of some courts.
LSK said in a statement that the unprecedented decision came as complaints about judge malpractice continue to face headwinds.
In the orders to all lawyers and advocates, LSK revealed that the protest has been necessitated by what it terms persistent challenges affecting the administration of justice.
LSK also announced an indefinite targeted boycott of courts presided over by judges and judicial officers who have obtained orders stopping investigations by the Judicial Service Commission (JSC) or the Ethics and Anti-Corruption Commission (EACC).
LSK said advocates would not participate in court hearings and applications during the boycott period, except in limited circumstances provided under its guidelines.
“The boycott shall be implemented in the same manner as court operations during an unscheduled public holiday,” the society said, adding that it had notified the Judiciary to allow administrative arrangements.
The society said the boycott is a lawful form of collective action by advocates aimed at pushing for institutional reforms and accountability within the Judiciary.
“A court boycott is a lawful, legitimate form of collective action by advocates, who choose to down their tools for a limited period,” the LSK Council stated.
The society clarified that the boycott would not affect the filing of court documents, directing advocates to continue submitting pleadings and other documents within legal timelines.
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Court mentions, and applications involving interim orders will only proceed for purposes of taking fresh hearing dates and extending interim orders where necessary, according to the guidelines.
On the targeted boycott, LSK said advocates would not appear before any judge or judicial officer who has obtained court orders blocking ongoing JSC or EACC processes relating to complaints, investigations or disciplinary proceedings.
“To promote judicial accountability and strengthen the constitutional oversight mechanisms established for the Judiciary, the Council has resolved that advocates shall not appear before any Judge or Judicial Officer” affected by such orders, LSK said.
The society said affected judges or judicial officers should only deliver pending rulings and judgments and should not handle fresh hearings, part-heard matters or new applications.
The targeted boycott will also extend to all hearings and applications before the Supreme Court, except registry services, with LSK citing ongoing court orders affecting JSC processes involving Supreme Court judges.
“The Society has formally notified the Judiciary of the boycott to facilitate appropriate administrative arrangements and to ensure that litigants are not prejudiced by the absence of their advocates,” LSK noted.
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