The Judiciary has urged the Law Society of Kenya (LSK) to reconsider its planned nationwide boycott of court proceedings on July 22, insisting that all courts across the country will remain open and continue hearing cases as scheduled despite the protest.
In a statement issued on Monday, Judiciary Spokesperson Paul Ndemo said the institution did not consider the proposed boycott an appropriate response to the concerns raised by lawyers, warning that the action would primarily harm litigants and other court users awaiting the hearing and determination of their cases.
The statement comes days after the LSK announced a one-day nationwide boycott to protest what it described as persistent failures in the administration of justice, including delays, registry inefficiencies, judicial accountability concerns and e-filing challenges.
"The institution does not consider a boycott of court proceedings to be an appropriate or proportionate response to the concerns raised. Such action would primarily prejudice litigants and other court users whose matters are scheduled for hearing and determination," the Judiciary said.
It assured the public that all courts throughout the Republic would remain operational on Wednesday, July 22.
"The Judiciary assures the public that all courts throughout the Republic will remain open and will continue hearing and determining matters as scheduled on Wednesday, 22 July 2026," it stated.
While acknowledging the concerns raised by the lawyers' body, the Judiciary said it remained committed to resolving disputes through dialogue rather than disruption of court services.
The institution noted that it considers the LSK "an indispensable partner in the administration of justice," revealing that the two institutions have held at least five engagement meetings over the past two years, with agreed reforms already under implementation. It added that another consultative meeting bringing together the Judicial Service Commission (JSC), the LSK Council and representatives of the Senior Counsel Bar has been scheduled for July 31.
The Judiciary also defended the independence of judges and judicial officers, stressing that no person or authority can direct courts on how to decide cases.
"Threats or directives purporting to require Judges and Judicial Officers to hear, determine or decide matters in a particular manner violate judicial independence," the statement read.
Addressing complaints against judicial officers, the Judiciary said the JSC and the Office of the Judiciary Ombudsman remain available to receive and investigate complaints fairly, while emphasizing that public allegations cannot replace due process.
The statement also highlighted improvements in court performance during the 2024/2025 financial year. According to the Judiciary, courts received 621,425 new cases and resolved 647,686, achieving a 104 per cent case clearance rate—the first time in several years that more cases were concluded than filed. Pending cases fell by 3 per cent, while the overall case backlog declined by 30 per cent, despite a 20 per cent increase in new filings.
On delays in court proceedings, the Judiciary said responsibility extends beyond the courts, citing the absence of witnesses (16.8 per cent), parties not ready to proceed (12.3 per cent), advocates not present (11.5 per cent) and courts engaged in official duties (10.9 per cent) as the leading causes of adjournments.
The institution also acknowledged occasional disruptions to its e-filing platform, saying it continues to invest in stronger digital infrastructure while providing alternative filing arrangements whenever system downtime occurs.
The Judiciary urged the LSK to abandon the boycott and instead pursue its grievances through ongoing institutional engagement and the constitutional mechanisms available for reviewing judicial decisions and investigating complaints.
"Dialogue grounded in evidence, mutual respect and a shared commitment to institutional improvement remains the most effective pathway towards addressing legitimate concerns and strengthening the administration of justice," the statement said.
It advised all litigants and court users to attend court as scheduled on July 22.