The High Court has issued conservatory orders restraining the Law Society of Kenya (LSK) from disrupting proceedings before judges and judicial officers pending the hearing and determination of case filed challenging the boycott.
In granting the interim orders, the court said it had considered the affidavits filed by all parties and noted the events that had been unfolding. The judge held that the orders were necessary to restore order within the Judiciary and ensure court proceedings continue without interference while the case remains pending.
The orders temporarily bar the LSK from engaging in any actions that would disrupt proceedings before judges and judicial officers until the preliminary objection is heard and determined.
The petition was filed by advocate Adrian Kamotho, who is challenging the LSK’s nationwide and targeted boycott of proceedings involving Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and other judges. Kamotho argues that the directive is unconstitutional, undermines judicial independence and denies litigants access to justice.
Lawyers Danstan Omari and Peter Wanyama, appearing for interested parties who are judges in the matter, also opposed the LSK directive, arguing that it interferes with the administration of justice.
During today’s mention, the Judicial Service Commission told the court that judges and magistrates serving as its members have been working in fear due to the ongoing dispute and urged the court to take judicial notice of the prevailing circumstances.
