High Court Dismisses LSK Bid to Stop Challenge Against Targeted Judge Boycott
The decision allows Njenga’s petition and his application for conservatory orders to proceed to determination on their merits.
Nairobi, Kenya - The High Court has dismissed a preliminary objection from the Law Society of Kenya (LSK) regarding a constitutional petition challenging the LSK's boycott of selected judges and judicial officers. Justice David Mburu ruled that the LSK's internal dispute resolution mechanisms were insufficient to address the constitutional and public interest issues raised in Dr Adrian Kamotho Njenga's petition.
The decision allows Njenga's petition and application for conservatory orders to move forward to be determined on their merits. Njenga challenged LSK's resolutions and communications related to a nationwide court boycott and an indefinite targeted boycott against specific judges and judicial officers. The targeted boycott aimed to restrict judicial functions and impose adverse actions on advocates or judicial officers who did not facilitate the boycott.
LSK claimed that Njenga had failed to exhaust the society's internal dispute resolution mechanisms before filing the petition. However, Justice Mburu found that while exhaustion could be raised at the preliminary stage, it did not prevent the proceedings from going ahead. The judge noted that the petition raised issues concerning judicial independence, administration of justice, and constitutional rights, which fall within the High Court's jurisdiction.
The court also dismissed LSK's arguments that Njenga had improperly transformed an internal governance dispute into a constitutional case. The ruling does not determine whether LSK's boycott is constitutional or lawful; it simply permits Njenga's petition and application to proceed.
Written by urgent.news from Capital FM Kenya's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
