Law Society of Kenya calls for judicial accountability as it launches general one-day and ongoing court boycotts

Law Society of Kenya President Charles Kanjama SC addresses the press outside the Supreme Court this morning

Lawyers across Kenya have today been boycotting the Kenyan courts in response to ongoing concerns about judicial misconduct, corruption, accountability, and the rule of law. Following today’s general nationwide boycott, there will be an ongoing targeted boycott of the courtrooms of several judges.

Today’s general boycott of the Kenyan courts is designed to create broader awareness of all the challenges in the administration of justice and demand reforms, while a targeted boycott of the Supreme Court and specific judges will continue beyond today because the delays in accountability have been indefinite, said Law Society of Kenya President Charles Kanjama SC on Kenyan TV this morning.

“When the Constitution said election petitions must be heard and determined within six months, it was because of the importance of these kinds of matters,” said Kanjama SC. “We expect that cases of accountability will be treated with the same level of seriousness, especially when they involve judges and judicial officers.”

Tensions have been growing between the Law Society of Kenya (LSK) and the Kenyan judiciary, with today’s nationwide general boycott sparked by several court orders that have stymied the Judicial Service Commission (JSC) and the Ethics and Anti-Corruption Commission (EACC) from investigating misconduct and corruption allegations against specific judicial officers, alongside stalled judicial reforms.

“Lawyers are essential service providers, but that does not mean they cannot take industrial action,” said Kanjama to local media. “That is why our boycott is for one day, because we also have to consider the interests of the Kenyans we serve.”

The LSK boycott of the courts involves a one-day nationwide boycott, which began this morning, then an ongoing targeted boycott against the courtrooms of judicial officers who’ve obtained injunctions to protect the judiciary from JSC accountability.

The LSK has named 12 judges and one magistrate who will be affected by the indefinite boycotts beginning tomorrow, including Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, four other Supreme Court justices, two Court of Appeal judges, four High Court judges, and Chief Magistrate Stella Atambo.

The LSK claims that these judges are linked to ongoing court cases that halted disciplinary proceedings before the JSC, and criminal investigations.

Ahead of today’s general boycott, the Kenyan judiciary called on the LSK to pursue its concerns through dialogue, noting they’ve held at least five consultative meetings over the past two years, with another meeting scheduled for 31 July.

However, Kanjama and the LSK Council say the repeated consultative meetings have yielded zero meaningful progress on critical systemic problems, including endemic judicial corruption, registry inefficiencies, and endless case backlogs.

At a press briefing held outside the Supreme Court this morning, the LSK Council, led by President Kanjama, SC, addressed the nation, reaffirming the Law Society’s position on the nationwide boycott of court proceedings in pursuit of judicial accountability and the protection of the rule of law. Reflecting the profession's collective resolve, the briefing brought together leaders from across the Bar, including Senior Counsel Bar Chair Philip Murgor, SC, Moses Kurgat, SC, former LSK Presidents Ahmednasir Abdullahi, SC, Nelson Havi, SC, Eric Theuri, SC, and Faith Odhiambo, as well as East Africa Law Society President Ramadhan Abubakar.

Judicial independence and judicial accountability are not competing values, said Abubakar, but two sides of the same constitutional commitment.

“An independent judiciary earns and keeps public confidence precisely because it remains answerable, through transparent processes, timely case management, and genuine responsiveness to legitimate concerns raised by the Bar and the public it serves,” continued Abubakar. “The legal profession has a duty to protect judicial independence from political interference. It has an equal duty to insist that independence is never used as a shield against legitimate scrutiny. We will continue to engage constructively, but firmly, in support of institutional reforms that strengthen, not weaken, the administration of justice across the region.”

This afternoon, the LSK shared that Kanjama, along with Emeritus Presidents Nelson Havi and Eric Theuri, Vice President Teresia W Nicholas, and General Member Vivian Eyase, visited various court stations at the Milimani Law Courts, and were encouraged to witness the overwhelming adherence to today’s boycott.

“We commend our members for their unity, discipline, and unwavering commitment to this collective action,” said the LSK. “We continue to call upon all advocates to remain steadfast in this clarion call until our concerns are meaningfully addressed.”