NAIROBI, Kenya, Jul 22 – The Kenya Judges Welfare Association (KJWA) has urged the Law Society of Kenya (LSK) to end its targeted boycott of selected courts, hours after the Society accused some judges of penalising advocates who honoured a nationwide court boycott.
The judges’ association warned that the boycott undermines the rule of law, disrupts access to justice and unfairly prejudices litigants whose cases are scheduled before the affected courts.
Earlier Wednesday, LSK President Charles Kanjama said the Society had received numerous complaints from advocates alleging that some courts proceeded with matters despite prior notice of the boycott, resulting in case dismissals, adjournment fees and other sanctions.
He said the Society was documenting the incidents and would pursue further action against judicial officers found to have interfered with lawyers’ constitutional rights while intensifying its indefinite boycott of selected judges and magistrates.
LSK accuses judges of penalising lawyers during court boycott, vows targeted action
In a statement signed by KJWA President Justice Mwaniki Gachoka, the association said concerns raised by the LSK over judicial accountability should be pursued through lawful constitutional processes that do not interfere with court users’ constitutional right to have their disputes determined.
KJWA, however, said judges and judicial officers had continued sitting despite the boycott, with more than 10,000 cases listed before judges and magistrates across the country.
“As Judges and Judicial Officers, we have taken oath of office to uphold the Constitution and the Rule of Law. We reiterate our commitment to administer justice fairly, impartially and without fear, favour or prejudice,” Justice Gachoka said.
He added: “Any concerns the Law Society of Kenya have should be addressed in a way that does not violate the rights of Court Users to access justice.”
The judges’ association also questioned the basis of the targeted boycott, saying the list of affected judicial officers contains several factual inconsistencies.
According to KJWA, it includes a deceased judge, judges whose cases had already been concluded with judgments delivered, and judicial officers who were respondents rather than the parties who instituted the suits.
“The targeted boycott includes a Judge who is deceased, Judges whose cases were finally concluded and a Judgement rendered. The list also includes Judges who did not sue but were sued,” Justice Gachoka said.
The association argued that grievances should be ventilated through the courts and other lawful forums instead of what it described as extra-judicial means, warning that the boycott risks eroding public confidence in the justice system and encouraging a culture of self-help.
KJWA also defended the right of judges and judicial officers to seek legal redress, saying they enjoy the same constitutional protections as all Kenyans.
It noted that advocates have similarly moved to court to challenge disciplinary processes and said judges should not be criticised for exercising the same right, although it welcomed discussions on expediting such cases.
On judicial accountability, the association said judges are already subject to annual performance targets and institutional performance reviews, with reports tabled before Parliament.
It further said discussions on improving service delivery are regularly undertaken through Court Users Committees and Bar-Bench Committees, where stakeholders can raise concerns and propose reforms.
While stressing that it does not condone corruption, KJWA urged advocates, court users and the public to report any allegations of misconduct for investigation.
The association maintained that judicial officers facing complaints are entitled to due process and called on Parliament to enact the Judicial Service (Processing of Petitions and Complaints Procedures) Regulations to provide a clear framework and timelines for handling complaints before the Judicial Service Commission.
The association further cautioned against actions that could weaken judicial independence, saying the Judiciary has played a central role in safeguarding the Constitution, the Bill of Rights and the rule of law, and warned that service delivery concerns should be addressed without undermining the institution’s independence.
Apart from Wednesday’s nationwide court boycott, LSK has vowed to sustain the move on selected courts that have issued conservatory orders suspending Judicial Service Commission disciplinary proceedings involving several judicial officers.
The Society argues the orders undermine the JSC’s constitutional mandate and shield judges from accountability, while the Judiciary maintains that concerns over judicial conduct should be addressed through constitutional and institutional mechanisms rather than disrupting court services.
KJWA said it will engage the Law Society of Kenya and other stakeholders through alternative dispute resolution, Court Users Committees and Bar-Bench Committees to address concerns affecting the administration of justice while preserving public confidence in the Judiciary.
It said its members remain committed to serving Kenyans faithfully in accordance with the Constitution and the law.