LSK suffers setback as High Court rejects bid to strike out boycott petition

Nairobi, Kenya - The High Court has granted permission for a constitutional challenge against the Law Society of Kenya's (LSK) boycott of certain judges and judicial officers, dismissing the Society's attempt to have the case dismissed at the initial stage. Justice David Mburu ruled that the petition filed by Dr Adrian Kamotho Njenga raises constitutional matters that cannot be resolved through the Society's internal dispute resolution mechanisms.

The case arose from a series of LSK resolutions and communications, including a nationwide court boycott and a targeted boycott of courts presided over by specific judges and judicial officers, which LSK claimed was necessary due to concerns over judicial accountability, misconduct, and delays in the administration of justice. The boycott aimed to pressure judges and judicial officers, particularly those who had obtained court orders preventing the Judicial Service Commission and the Ethics and Anti-Corruption Commission from processing complaints against them.

Kamotho argued that the boycott threatened access to justice, legal representation, and judicial independence, as well as interfering with judges' and judicial officers' ability to perform their constitutional duties. LSK contested the petition, asserting that Kamotho should have exhausted the Society's internal dispute resolution mechanisms before bringing the case to court.

The High Court, however, found that the dispute went beyond a mere disagreement between LSK and a member, as it raised constitutional questions affecting various stakeholders. The judge concluded that the matter falls under the High Court's constitutional jurisdiction, as outlined in Article 165 of the Constitution. LSK also argued that the petition transformed an internal governance issue into a constitutional dispute, but Justice Mburu rejected this claim, stating that the court could not dismiss the case solely based on its internal nature.