Court declines to suspend LSK boycott

LSK members led by president Charlse Kanjama match on the streets of Nairobi to protest against the death of advocates Edward Kariuki and Esther Wairimu. [Collins Oduor, Standard]

The High Court has declined to issue interim orders suspending the Law Society of Kenya’s targeted boycott against Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and other judicial officers.

In a brief ruling, Justice David Mburu declined an application by lawyer Adrian Kamotho seeking conservatory orders to halt the boycott pending determination of the petition challenging LSK’s action.

The court instead deferred the matter to Monday, August 3, 2026 for mention and further directions after being informed that a meeting between the Judicial Service Commission (JSC) led by Chief Justice Koome and LSK leadership led by President Charles Kanjama had commenced at 10:30 am today in a bid to resolve the dispute.

"I have had all the representations made this morning. Directions are that this matter will be mentioned on Monday, August 3, at 9am for further directions. I have allowed that adjournment because I have been told there is a meeting between the LSK and the JSC and you never know what will come out of that meeting," the Judge said.

Kamotho had urged the court to issue several conservatory orders to suspend LSK’s boycott announced through statements and operational guidelines issued on July 17, July 20 and July 22 2026.

He argued that the boycott targeting selected judges and judicial officers undermines judicial independence, threatens access to justice and places litigants at risk of delayed justice.

LSK vehemently opposed the application, arguing that it required at least seven days to respond to the petition and the application.

Lawyer Wyckliffe Oyoo representing LSK told Justice Mutai that the society had barely received two days granted by the court to file its response to the lawsuit.

He opposed the grant of interim orders, arguing that the petitioner had not demonstrated any prejudice that would be suffered if the orders were not issued.

“My Lord, the grant of any interim orders and especially as pleaded in the notice of motion of July 24 would have the effect of determining not only the application but also the petition,” Oyoo submitted.

He further argued that court proceedings had continued despite the boycott. “The judiciary is telling us that court proceedings are going on as usual and that there has been no interruption,” he said.

Oyoo also challenged the petition, describing it as complex and requiring adequate time for response.

“The petition as presented and as drafted is vast, inelegant, convoluted and runs to some 174 paragraphs,” he told the court.

However, lawyer Danstan Omari representing interested parties including High Court Judge Lucas Naikuni and Kibera Chief Magistrate Stella Atambo supported Kamotho’s application, arguing that the boycott had disrupted court proceedings.

Omari told the court that judicial proceedings had in the last few days been interrupted at various stations including the Supreme Court, Murang’a courts and Magistrates’ courts.

“It is not true that judicial proceedings have not been interrupted,” Omari said.

“A High Court proceeding in Murang’a was interrupted by those who have called the strike. A Supreme Court sitting presided over by the Chief Justice on Wednesday was interrupted,” he added.

He argued that the dispute affected millions of Kenyans who depend on the justice system.

“The citizens of this country are the consumers of justice, not the advocates.  Judiciary is a creature of the public for the benefit of 55 million Kenyans,” Omari submitted.

Following the revelation that the JSC and LSK leadership meeting was underway, Justice Mburu directed parties, including the Chief Justice, Deputy Chief Justice, other targeted judges and the LSK, to proceed with filing their respective responses and submissions before further directions on Monday.

Justice Mburu said the interests of all parties, including advocates affected by the dispute, would be considered as the court awaits the outcome of the engagements between the two institutions.

The petition lists LSK as the respondent, with the JSC, Chief Justice Koome, Deputy Chief Justice Mwilu, several Supreme Court judges, High Court judges, Court of Appeal Judge Sankale Ole Kantai Kibera Chief Magistrate Stella Atambo and the Kenya Magistrates and Judges Association named as interested parties.