Chief Magistrate Stella Atambo seeks orders to stop LSK boycott of court proceedings

Through her lawyer Danstan Omari, Atambo says the boycott amounts to an attack on the justice system and will deny Kenyans their constitutional right to have disputes heard and determined by the courts.

"The impugned notices are calculated to obstruct and impede access to justice by advocates, litigants and other court users," Atambo says in her replying affidavit. 

She argues that judicial officers should not be victimised for seeking constitutional protection through the courts.

"A judicial officer cannot be prohibited or condemned for seeking lawful measures to protect his or her constitutional rights, professional standing, impartiality and reputation," she states. 

Atambo insists that any complaints against judges and magistrates should be presented before the Judicial Service Commission, the body mandated under the Constitution to investigate and determine disciplinary complaints against judicial officers.

"Resorting to organised boycotts amounts to an impermissible usurpation of the constitutional mandate of the Judicial Service Commission and constitutes a direct assault on due process and constitutionalism," she says. 

She further reveals that she has already moved to court to challenge actions taken against her, including the search of her residence and the raid on her office, arguing that the legal process should be allowed to take its course. 

Through Omari, Atambo maintains that neither the Law Society of Kenya Act nor the Advocates Act empowers the Law Society to organise or enforce a boycott of court proceedings, warning that such action undermines judicial independence and disrupts the administration of justice.

"The administration of justice cannot constitutionally be held hostage to the internal politics, disagreements or grievances of any professional association," the affidavit states. 

She wants the High Court to restrain the Law Society from implementing the boycott and to affirm that grievances against judicial officers should only be pursued through the Judicial Service Commission and the courts in accordance with the Constitution.