Why lawyers across Kenya are boycotting courts today

The Law Society of Kenya (LSK) has defended its decision to boycott court proceedings across the country, saying the move is intended to push for judicial accountability and reforms after years of raising concerns that it says have largely gone unresolved.

The nationwide boycott, taking place on Wednesday, July 22, comes even as the Judiciary has assured Kenyans that all courts will remain open and continue offering services, urging litigants and court users to attend as scheduled.

In a statement to its members, LSK President Charles Kanjama said the Society had spent months engaging the Judiciary through meetings with Chief Justice Martha Koome, consultative Bar-Bench sessions, memoranda and discussions with advocates across the country.

Despite those efforts, the Society said advocates continued to report widespread challenges affecting the administration of justice.

Among the key reasons behind the boycott, LSK pointed to allegations of corruption, judicial misconduct and abuse of office involving some judicial officers.

The Society said such claims continue to erode public confidence in the courts and called for prompt, impartial and effective action to address allegations of corruption and misconduct and to uphold the integrity of the Judiciary.

LSK also cited persistent delays in hearing and determining cases, blaming case backlogs, frequent adjournments, delayed rulings and operational inefficiencies that have slowed access to justice.

According to the Society, advocates have repeatedly raised concerns over registry operations, including delays in processing court documents, releasing court-held funds, poor file management, inconsistent cause lists and recurring technological disruptions.

The Society further argued that existing mechanisms for handling complaints against judges and judicial officers have not been effective enough.

It called on the Judicial Service Commission (JSC) to ensure complaints are handled expeditiously, transparently and fairly in order to strengthen accountability and restore public confidence.

LSK also highlighted concerns about the treatment of advocates in courtrooms, saying some members had experienced discourteous conduct and practices that undermine their role as officers of the court.

Other issues raised include inconsistent case management, handling of urgent applications, procedural inconsistencies that increase litigation costs and delays, concerns surrounding specialised courts and justice sector reforms, as well as repeated disruptions affecting the Judiciary's e-filing and digital court systems.

The Society also expressed reservations over the transition of the Judiciary's Pro Bono Scheme and Pauper Briefs to the National Legal Aid Service, saying members were worried about unpaid legal fees, proposed accreditation requirements and the future role of advocates in providing legal aid.

While reaffirming its support for judicial independence, LSK argued that independence must be matched with accountability, transparency and responsiveness.

"The Council remains committed to constructive engagement with the Judiciary and fully supports its constitutional independence.

However, judicial independence must go hand-in-hand with accountability, integrity, transparency and responsiveness to legitimate concerns raised by court users and the Bar," the statement said.

The Society added that where sustained engagement fails to produce meaningful progress, it has both a statutory and constitutional duty to take lawful, measured and proportionate action to protect the interests of advocates and the public.

Besides the one-day nationwide boycott, LSK also announced an indefinite targeted boycott of courts presided over by judges or judicial officers who have obtained court orders preventing the Judicial Service Commission or the Ethics and Anti-Corruption Commission from investigating or processing complaints against them.

The Society also resolved to establish a confidential framework through which advocates can regularly report concerns relating to judicial performance, alleged misconduct, corruption, registry inefficiencies and other systemic challenges.

Despite the boycott, the Judiciary has maintained that all courts across the country will remain operational.

The institution has assured litigants that judicial officers, registries and court staff will continue providing services, urging members of the public to attend court as scheduled unless directed otherwise by the respective courts.

LSK, on its part, instructed advocates to refrain from participating in hearings during the boycott but clarified that court filings should continue uninterrupted to avoid missing statutory deadlines.

It also allowed mentions solely for the purpose of obtaining fresh hearing dates and extending interim orders where necessary.