LSK renews targeted court boycott, cites unfulfilled JSC commitments

The Law Society of Kenya (LSK) has renewed its call for advocates to boycott selected courts and judicial officers, saying several commitments agreed with the Judicial Service Commission (JSC) to address concerns over judicial accountability remain outstanding.

In a statement issued on Friday, LSK President Charles Kanjama said the targeted court boycott remains in force, with advocates directed to refrain from appearing before judges and judicial officers identified by the society until further communication.

"The targeted boycott remains in force. Members are therefore reminded to refrain from appearing before the Judges and Judicial Officers identified under the targeted boycott until further communication by the Society," Kanjama stated.

"The directive applies to the Judges and Judicial Officers previously identified by the Society and any additional Judges or Judicial Officers subsequently identified and communicated by the Society."

The latest directive follows a July 31 engagement between the JSC, the LSK Council and the Senior Counsel Bar, which resulted in an agreed framework on judicial performance reporting, complaints handling, pending petitions, court-station integrity committees and disciplinary regulations.

LSK said although the JSC has communicated the composition of its representatives and those of the Judiciary to a Joint Committee established under the framework, the committee is yet to be formally constituted and convened.

The Society also raised concern over the failure by the Judiciary to publish institutional and court-level judicial performance reports within the agreed 30-day period.

LSK said it has also not received confirmation on the operationalisation of an enhanced electronic system for lodging and tracking complaints, while it continues to seek updates on pending petitions and complaints before the JSC.

Other outstanding issues include the provision of contact details for court-station Integrity Committees and the latest draft of the Judicial Service Commission Disciplinary Process Regulations.

The Society said it would continue engaging the JSC and Judiciary through the proposed Joint Committee while maintaining the targeted boycott.

The targeted boycott list issued by LSK includes judges linked to cases involving suspended or stopped JSC processes, EACC and Directorate of Criminal Investigations (DCI) investigations, as well as conduct during the nationwide boycott.

Those listed include Justice Anthony Ombwayo, Justice Lucas Naikuni, Deputy Chief Justice Philomena Mwilu, Justice Sankale Ole Kantai, Justice Lucy Waithaka, Magistrate Stella Atambo and Justice Josephine Mong'are.

The list also names Supreme Court judges Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Justice Isaac Lenaola, Justice Smokin Wanjala, Justice Njoki Ndung'u and Justice William Ouko in connection with specified court proceedings.

Magistrate F. Mutuku is listed separately over what LSK describes as alleged conduct inconsistent with the standards of professionalism, decorum and judicial conduct expected during the Society's nationwide boycott.

LSK said the targeted boycott would continue indefinitely until further communication, while members have been directed to comply with any additional operational guidance issued by the Society.

The Society, however, said the boycott does not end its institutional engagement with the JSC and Judiciary as it seeks implementation of the resolutions reached in July.

The boycott was initially announced after a nationwide one-day court boycott on July 22, which LSK said was prompted by concerns over delays in the hearing and determination of cases, court registry operations and mechanisms for addressing complaints against judges and judicial officers.

At the time, Kanjama said: “Advocates continue to experience delays in the hearing and determination of cases, as well as delays in the delivery of rulings. Members have reported persistent inefficiencies in court registries and they have raised concerns about the effectiveness of the mechanisms for addressing complaints against judges and judicial officers."

JSC in July also criticised the boycott of some judges and judicial officers by lawyers, warning that the action disrupts court proceedings, delays justice and denies Kenyans their constitutional right to have cases heard without unnecessary delay. 

The Commission's Chairperson Martha Koome stated that while concerns about judicial conduct should be addressed, they must be handled through the mechanisms provided under the Constitution and the Judicial Service Act.