Judges and magistrates who obtain court orders to stop investigations into alleged misconduct should first allow the accountability process to proceed before returning to hear cases, Law Society of Kenya (LSK) Council member Wycliffe Oyoo has said, arguing that the practice is eroding public trust in the Judiciary.
Speaking on Radio Generation on Thursday, Oyoo criticised judicial officers who move to court to secure conservatory orders blocking investigations by institutions such as the Ethics and Anti-Corruption Commission (EACC), the Office of the Director of Public Prosecutions (ODPP) and the Judicial Service Commission (JSC).
He said judicial officers should not continue presiding over cases while at the same time seeking to prevent investigations into allegations against them.
"If you are trying to shield yourself from being investigated, then surely you must complete that process. Go clear your name, and then come back," Oyoo said.
According to him, judges and magistrates are expected to uphold the highest standards of integrity because they are entrusted with administering justice.
"A judge should be beyond reproach, like Caesar's wife," he said, adding that litigants had to have confidence not only in judicial decisions but also in the personal integrity of those presiding over cases.
Advocate of the High Court Julius Miiri during an interview on Radio Generation on July 23,2026.PHOTO/ RG Jemimah Mose
Oyoo, however, acknowledged that courts have a role in protecting individuals where investigations amount to double jeopardy, involve mistaken identity or are driven by bad faith.
Even so, he said the concern arises when judicial officers rush to court before investigators have even completed or formally started their work.
"What is worrying is that there is pre-emption. Sometimes they've not even been served with the formal summons... and then you've already rushed to court to curtail the process," he said.
He argued that the Constitution recognises the separation of powers and warned against regularly stopping constitutional bodies from carrying out their investigative duties before they complete their mandate.
Oyoo also pointed to the case of a Court of Appeal judge linked to investigations connected to the murder of businessman Tob Cohen, saying interim court orders obtained in 2021 had stalled the matter for years.
"If you stop these investigations indefinitely, then what happens? How do you continue being in office, discharging your judicial functions without clear sight as to when the allegations against you are going to be dealt with?" he asked.
His remarks were echoed by Advocate of the High Court Julius Miiri during an interview on Radio Generation on July 23, 2026.
Miiri said lawyers were concerned that judges continued hearing cases while resisting investigations into their own conduct.
"When it comes to judges, we have an issue with that as lawyers because you listen to our cases, whereas you yourself don't want to go through a judicial process," he said. "We are therefore calling for judicial officers and judges to step aside immediately... allow for investigations, and the JSC should speed up these investigations."
The calls come a day after the Law Society of Kenya staged a nationwide boycott of court proceedings on July 22 to protest delays in handling complaints against judges and other judicial officers.
LSK President Charles Kanjama said the boycott was aimed at pushing for reforms and urged that complaints against judicial officers be handled "expeditiously, transparently and fairly" to restore public confidence in the justice system.
The Judiciary rejected the boycott and maintained that courts remained open, saying the action mainly inconvenienced litigants.
Judiciary spokesperson Paul Ndemo urged lawyers to pursue dialogue, adding that the Constitution and existing legal processes provide avenues for addressing concerns over judicial accountability.