The High Court has dismissed a preliminary objection by the Law Society of Kenya seeking to have a petition stopping the Society’s resolutions to boycott several courts struck out.
In its ruling, the court found that the petitioner has the legal standing to bring the constitutional petition and rejected the argument that the case should first have gone through the internal dispute resolution mechanisms provided under LSK Regulations.
The court further observed that the petition involves external parties, including judges, judicial officers and the Judicial Service Commission, who would not be covered by the internal mechanisms provided under the LSK Regulations. The judge ruled that the constitutional issues raised fall within the High Court’s jurisdiction and that the doctrine of exhaustion does not bar the petition from proceeding.
As a result, the preliminary objection was dismissed and the petition together with the notice of motion dated July 24, 2026, will proceed to determination on their merits. The court directed that the issue of conservatory orders be addressed separately.
During subsequent proceedings on the application for conservatory orders, lawyer Danstan Omari urged the court to extend the orders to protect judges, magistrates, the Judicial Service Commission, litigants, members of the public and other key stakeholders.
Omari, who appeared for the 9th and 13th interested parties, said the orders were particularly important as the country approaches the election period and political parties begin their nomination processes. He argued that the case may not be concluded before the election cycle begins and urged the court to safeguard the functioning of the judiciary while the matter is pending.
However, lawyer Oyo opposed the request for prayers two and three, arguing that the petitioner had not demonstrated any change in circumstances to justify granting orders that had previously been refused.
The court is expected to determine the application for conservatory orders on 18th September, 2026.
