The Kenya Judges Welfare Association (KJWA) has criticized the Law Society of Kenya (LSK) over its targeted boycott of selected judges, saying the action is based on inaccurate information and risks undermining the administration of justice.
In a statement on July 22, the association said the boycott list includes a deceased judge, judges whose cases had already been fully concluded and judgments delivered, as well as judges who never sued anyone but were instead respondents in cases filed against them.
“The targeted boycott includes a Judge who is deceased, Judges whose cases were finally concluded and a judgment rendered. The list also includes Judges who did not sue but were sued,” the association said.
According to KJWA, the boycott represents an extra-judicial approach to resolving disputes and undermines the rule of law.
The judges argued that instead of pursuing a boycott, grievances should be addressed through the courts and other appropriate legal forums.
“By taking an extrajudicial approach in handling the matter, the Law Society of Kenya is undermining the Rule of Law, eroding public confidence in the law and promoting a culture of self-help and vigilantism,” the association said.
KJWA called on the LSK to immediately withdraw the boycott to avoid disrupting court users seeking justice.
“The targeted boycott should be called off so as to ensure that litigants in the said Courts are not inconvenienced,” the statement added.
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Judges Defend Right to Seek Justice
The association also defended judges and judicial officers who have filed cases in court, saying they enjoy the same constitutional rights as every other Kenyan.
It noted that more than half a million cases are filed in Kenyan courts annually by people from all walks of life seeking legal remedies, including advocates who challenge disciplinary processes.
KJWA said judges and judicial officers should not be criticized for exercising their constitutional right to access the courts when they have employment or other legal disputes.
While acknowledging concerns over whether such matters should receive expedited hearings, the association said that issue should be discussed by the Judiciary, the LSK and other stakeholders rather than becoming the basis for a boycott.
According to the association, its members reported to work despite the boycott and continued hearing cases across the country.
It said more than 10,000 cases are listed daily before judges and magistrates, representing thousands of litigants who deserve to have their matters heard as scheduled.
LSK Announcement of Nationwide Court Boycott
LSK announced a nationwide boycott of court proceedings on Wednesday, July 22, saying the move is intended to push for greater judicial accountability and reforms in the administration of justice.
In a statement issued on July 17, the Society said the decision followed sustained engagements with the Judiciary, the Judicial Service Commission (JSC) and members of the Bar over concerns including delays in the administration of justice, inefficiencies in court registries, case management, the working environment for advocates and the overall integrity of the justice system.
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LSK said the one-day nationwide boycott was meant to show the seriousness of the concerns raised by its members and to press for meaningful institutional reforms aimed at restoring public confidence in the administration of justice.
In addition to the nationwide boycott, the Society announced an indefinite targeted boycott of courts presided over by judges and judicial officers who obtained court orders restraining the Judicial Service Commission (JSC) or the Ethics and Anti-Corruption Commission (EACC) from investigating or processing complaints against them.
CJ Koome Among Judges Named in LSK’s Targeted Boycott
On July 20, the Law Society of Kenya released the list of judges who would be affected by the targeted boycott as lawyers intensified calls for reforms within the Judiciary.
Those listed included Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Supreme Court judges Isaac Lenaola, Smokin Wanjala, Njoki Ndung’u and Mohammed Ibrahim. Also named are Court of Appeal Judge Sankale Ole Kantai, Justice Lucy Waithaka, Justice Stella Atambo, Lady Justice Dora Chepkwony and Justice Josephine Mong’are.
LSK President Charles Kanjama said the judges named are linked to ongoing court cases that have halted disciplinary proceedings before the Judicial Service Commission (JSC) and criminal investigations.
The Society maintained that the protest was intended to promote accountability and restore public confidence in the administration of justice.
However, Kanjama clarified that court mentions and applications involving interim orders would still proceed, but only for purposes such as obtaining fresh hearing dates or extending existing interim orders where necessary.
The advocates cited concerns over court registry operations and administration, judicial accountability, and the professional dignity and working environment of advocates as some of the key issues driving the boycott.
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