•Kenyan lawyers protest
Kenya’s justice system was thrown into turmoil yesterday as lawyers across the country boycotted court proceedings in an unprecedented protest against alleged judicial corruption, chronic case delays and what they described as a growing culture of impunity within the Judiciary.
The nationwide action, organised by the Law Society of Kenya (LSK), marked one of the strongest public confrontations between the legal profession and the Judiciary in recent years, with advocates warning that judicial independence must never become a shield against accountability, reports AFP.
LSK President Charles Kanjama said the boycott enjoyed overwhelming compliance nationwide and followed months of unsuccessful engagements with judicial authorities aimed at addressing complaints over corruption, administrative inefficiency and weak disciplinary mechanisms.
The one-day boycott also serves as a precursor to a more aggressive campaign targeting judges and magistrates accused of obtaining court orders to block investigations by the Judicial Service Commission (JSC) and the Ethics and Anti-Corruption Commission (EACC).
Rather than appearing before such judicial officers, lawyers have been directed to seek adjournments, transfers or recusals until the disciplinary processes are allowed to proceed.
The LSK said the action became inevitable after repeated memoranda and Bar-Bench meetings failed to produce meaningful reforms.
According to the Society, persistent allegations of judicial misconduct, corruption, delayed delivery of judgments, inefficient court registries, unreliable electronic filing platforms, inconsistent case management and the poor handling of complaints have continued to erode public confidence in Kenya’s justice system.
“Judicial independence must go hand-in-hand with accountability, integrity, transparency and responsiveness to legitimate concerns raised by court users and the Bar,” Kanjama said.
The protest received backing from senior members of the legal profession, including former LSK Presidents Faith Odhiambo and Nelson Havi, as well as Senior Counsel Ahmednasir Abdullahi, all of whom argued that judicial officers should not be permitted to shield themselves from constitutionally mandated disciplinary investigations.
The East Africa Law Society also joined the calls for reform, urging the anti-corruption commission to thoroughly investigate allegations involving judges and magistrates, insisting that the Judiciary should be held to the same constitutional standards it demands of the Executive and Legislature.
Despite the boycott, Kenya’s Judiciary maintained that the courts remained open and functional, noting that while some matters were adjourned because lawyers failed to appear, many proceedings continued as scheduled.
The Judiciary rejected claims that judicial officers operate without oversight, pointing to the Judicial Service Commission and the Office of the Judiciary Ombudsman as established mechanisms for investigating complaints against judges, magistrates and court officials.
It also highlighted a record 104 per cent case-clearance rate, describing it as evidence of improved judicial efficiency.
However, official figures contained in the State of the Judiciary Report 2023–2024 show that the institution received 1,115 complaints, including 141 petitions against judges, involving allegations ranging from ethical breaches and judicial misconduct to abuse of court processes.
The controversy deepened on the same day as Kenya’s anti-corruption agency announced the arrest of a magistrate accused of soliciting 170,000 Kenyan shillings (about $1,300) to influence the outcome of a criminal case, further amplifying concerns over integrity within the justice sector. The allegation remains under investigation.
To minimise disruption to litigants, the LSK exempted urgent matters from the boycott, allowing lawyers to file documents within statutory deadlines and appear only to extend interim orders or obtain fresh hearing dates.
The Society is expected to meet the Judicial Service Commission on July 31 to seek concrete reforms, warning that broader industrial action could follow if the talks fail.
The standoff has evolved into more than a labour protest. It has become a constitutional test of where judicial independence ends and accountability begins, with implications extending beyond Kenya to judiciaries across Africa, where demands for transparency and integrity continue to intensify.
