The High Court has temporarily barred the Law Society of Kenya (LSK) from disrupting court proceedings as it hears a petition challenging the society's nationwide boycott of judges and judicial officers.
Justice David Mburu on Monday issued conservatory orders restraining the LSK from interfering with court proceedings before judges named in the boycott directive, as well as any other judge or judicial officer, pending the determination of a preliminary objection challenging the court's jurisdiction.
"There will be an interim conservatory order restraining the respondent from disrupting and/or interfering with court proceedings before the judges mentioned in their communication or any other Judge and Judicial Officer pending the hearing of the PO. The order will last until September 17," Justice Mburu ruled.
The judge said the court had considered affidavits filed by all parties together with recent developments surrounding the dispute before concluding that interim intervention was necessary to safeguard the administration of justice and ensure court operations continue without disruption.
The case was filed by lawyer Adrian Kamotho, who is challenging the LSK's nationwide and targeted boycott of proceedings involving Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and several other judges.
Kamotho argues that the boycott is unconstitutional, violates the independence of the Judiciary and unfairly limits litigants' constitutional right to access justice by disrupting court proceedings.
Lawyers Danstan Omari and Peter Wanyama, appearing for interested parties who are judges in the matter, supported the application and urged the court to suspend the boycott, saying it undermines the administration of justice and interferes with the Judiciary's constitutional mandate.
The Judicial Service Commission (JSC) also asked the court to intervene, telling Justice Mburu that judges and magistrates serving as commissioners had been carrying out their duties under fear and uncertainty since the dispute emerged.
According to the commission, the ongoing standoff has affected the working environment within the Judiciary, prompting it to request the court to take judicial notice of the prevailing circumstances.
The legal battle will now shift to the question of whether the High Court has jurisdiction to hear the petition. Justice Mburu directed that the conservatory orders remain in force until September 17, when the court is expected to determine the preliminary objection before deciding the next course of the proceedings.
The outcome of that ruling is expected to determine whether the substantive challenge to the LSK's boycott directive proceeds to a full hearing.