Kenya court boycott: LSK and Judiciary clash over protest

Nairobi — Kenyan lawyers initiated a nationwide court boycott on Wednesday to protest judicial corruption and chronic delays, a move the Judiciary publicly rejected, insisting courts would remain open. The standoff escalated as the Law Society of Kenya (LSK) threatened targeted action against specific judges.

LSK's boycott and accusations

The LSK, which represents lawyers in Kenya, said the one-day boycott was a response to persistent failures in the administration of justice, including delays in hearing cases, late delivery of rulings, inefficiencies in court registries, and concerns over judicial accountability and the working environment for advocates. According to the LSK, cases in the country take an average of two years to conclude, a delay they blame on corruption and systematic inefficiencies.

LSK President Charles Kanjama told reporters that many lawyers had heeded the call, and the boycott was underway in courts across the country. He also accused some judges and judicial officers of penalizing advocates who honored the boycott by dismissing cases or imposing adjournment fees. Kanjama said the Society was compiling a list of complaints from members who faced such adverse orders.

"We are still receiving information from our members who are being forced to proceed with matters, some of whose matters have been struck out with prejudice," Kanjama said during a media briefing on Wednesday. "Others have been required to pay adjournment fees."

The LSK warned that it would escalate targeted action against judicial officers who interfered with lawyers' constitutional rights. After Wednesday's strike, the LSK said it planned an ongoing boycott of specific judges and magistrates accused of blocking anti-corruption measures and disciplinary procedures. The named judges reportedly include Chief Justice Martha Koome.

Lawyer Ahmednasir Abdullahi, quoted by reporters, said, "As lawyers we are tired of a corrupt judiciary that refuses to reform itself." Former LSK president Eric Theuri echoed that sentiment, warning that a compromised judiciary could be a problem for next year's elections if political disputes arise. "The judiciary is irredeemably compromised and is unable to act as an arbiter," Theuri said.

Also on Wednesday, Kenya's anti-corruption body announced the arrest of a magistrate for allegedly soliciting a bribe to influence a criminal case.

Judiciary's response

In a statement issued on Monday, the Judiciary rejected the planned boycott as "not an appropriate or proportionate response" to the lawyers' concerns. Judiciary Spokesperson Paul Ndemo said the action would primarily prejudice litigants and other court users whose matters were scheduled for hearing.

"Such action would primarily prejudice litigants and other court users whose matters are scheduled for hearing and determination," the statement said.

The Judiciary assured the public that all courts throughout the Republic would remain open and would continue hearing and determining matters as scheduled on Wednesday, July 22. Ndemo urged litigants to attend court as scheduled.

The Judiciary maintained that responsibility for case delays extends beyond the courts themselves. It defended its recent performance, pointing to a 104% case clearance rate and a 30% reduction in the case backlog as evidence of progress. The institution urged advocates to resolve their grievances through dialogue rather than disrupting judicial services.

Looking ahead

The LSK said the one-day boycott would not affect the filing of new cases. However, the Society's plan for targeted, ongoing boycotts against specific judges signals a prolonged standoff with the Judiciary. The two institutions remain at odds over the appropriate way to address concerns about judicial accountability and efficiency, with the LSK vowing further action and the Judiciary standing by its record and its commitment to keeping courts open.

This article is based on reporting from Africa News and AllAfrica.