Kenya: KMJA Appeals to LSK to Reconsider Court Boycott, Cites Harm to Litigants

What the report says

AllAfrica, carrying a Capital FM report from Nairobi, says the Kenya Magistrates and Judges Association has asked the Law Society of Kenya to rethink a planned nationwide court boycott. KMJA President Justice Peter Mulwa said the lawyers’ concerns about delays, registry problems, e-filing difficulties and judicial accountability were significant, but argued that stopping court appearances would most directly affect litigants seeking justice.

The appeal followed the Judiciary’s rejection of the planned action, with courts expected to sit as scheduled on Wednesday. LSK has called for a one-day boycott of hearings and applications over what it describes as continuing failures in the administration of justice. The society has also announced a targeted, indefinite boycott of certain judges and judicial officers, while allowing advocates to handle urgent mentions, seek new dates or preserve interim orders.

KMJA raised particular concern about the targeted boycott, noting that some affected judicial officers have court orders blocking proceedings by the Judicial Service Commission or the Ethics and Anti-Corruption Commission over misconduct complaints. Mulwa warned that asking advocates to avoid judges because they have gone to court could raise constitutional concerns around judicial independence. The association said corruption or misconduct claims should be handled through formal channels such as the JSC and the Office of the Judiciary Ombudsman, rather than through public naming before investigations are complete.

According to the report, KMJA called for structured talks through the National Council on the Administration of Justice, Court Users Committees and Bar-Bench dialogue. It said reducing backlogs requires cooperation among courts, lawyers, prosecutors, investigators and other justice-sector actors, while reforms such as automation, active case management and alternative dispute resolution continue.