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 hurt people with cases before the courts.

The appeal followed the Judiciary’s rejection of the boycott, with courts expected to sit as scheduled on Wednesday. According to the report, LSK had called for a one-day national boycott of hearings and applications over what it described as persistent failures in the administration of justice. Lawyers were, however, to keep filing documents and attend urgent mentions only to seek new dates or extend interim orders. LSK also announced an open-ended targeted boycott of named judges and judicial officers, including some from the Supreme Court.

KMJA raised concern about that targeted action, saying some affected judicial officers had secured court orders halting proceedings by the Judicial Service Commission or the Ethics and Anti-Corruption Commission over misconduct complaints. Mulwa warned that telling advocates not to appear before a judge because the judge had gone to court could raise constitutional issues linked to judicial independence.

The association said allegations of corruption or misconduct should be handled through formal channels such as the Judicial Service Commission and the Judiciary Ombudsman, rather than public naming before inquiries are complete. It called for dialogue through the National Council on the Administration of Justice, Court Users Committees and Bar-Bench engagement, saying access to justice for litigants should not be damaged while reforms are pursued.