High Court: No LSK Boycott Pending Case Hearing

• The High Court has issued interim orders stopping the LSK from disrupting court proceedings pending a preliminary objection hearing.
• Justice David Mburu made the ruling, emphasizing the need for order within the Judiciary to ensure court operations continue without interference.
• The case raises questions about judicial independence and the limits of professional boycotts by advocates in Kenya.
• Thousands of litigants may be affected by delayed hearings and determinations if the LSK boycott is not halted.

He emphasized the need for interim orders to restore order within the Judiciary and ensure court operations continue without interference while the matter is being determined.

The High Court has issued interim orders stopping the Law Society of Kenya (LSK) from disrupting court proceedings before judges and judicial officers. This move comes as a preliminary objection is being heard, challenging the court's jurisdiction to hear the matter. The ruling was made by Justice David Mburu, who stated that he had considered all affidavits filed by parties involved in the case. He emphasized the need for interim orders to restore order within the Judiciary and ensure court operations continue without interference while the matter is being determined.

The High Court's decision has significant implications for judicial independence in Kenya. The case raises questions about the limits of professional boycotts by advocates and their impact on the administration of justice. The dispute between the LSK and the Judiciary has been ongoing, with the society launching a targeted boycott of several judges and judicial officers. This move was aimed at Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and other judicial officers over concerns raised by the legal profession regarding the administration of justice.

The High Court's interim orders have halted the LSK boycott pending the determination of the preliminary objection. This decision has far-reaching implications for court operations in Kenya, as it ensures that proceedings continue without interference. The case also highlights concerns about access to justice, with thousands of litigants potentially affected by delayed hearings and determinations. As the matter continues to be heard, lawyers should be aware of the potential impact on their ability to participate in boycotts and monitor the outcome closely.

Lawyers should be aware that the High Court's interim orders may impact their ability to participate in boycotts, and they should monitor the outcome of this case as it could set a precedent for the limits of professional boycotts by advocates in Kenya.

Source: Original reporting via Capital FM