High Court Dismisses LSK Bid to Stop Challenge Against Targeted Judge Boycott

Jukwaa

📻 Breaking It Down

Justice David Mburu ruled that LSK’s internal dispute resolution mechanisms could not adequately address the constitutional and public interest issues raised in the petition filed by Dr Adrian Kamotho Njenga.

The decision allows Njenga’s petition and his application for conservatory orders to proceed to determination on their merits.

Njenga challenged a series of LSK resolutions and communications relating to a nationwide court boycott announced in July 2026 and a subsequent indefinite targeted boycott against specified judges and judicial officers.

📌 What You Need to Know

According to the petition, the targeted boycott directed advocates to refrain from participating in proceedings before the affected judicial officers and instead seek adjournments, transfers or recusal in matters before them.

Njenga further alleged that the measures sought to restrict the judicial functions that the targeted officers could perform and threatened adverse action against advocates or judicial officers who failed to facilitate the boycott.

LSK had opposed the petition at the preliminary stage, arguing that Njenga had failed to exhaust the dispute resolution mechanisms provided under Regulations 95 and 96 of the Law Society of Kenya (General) Regulations, 2020.

The Society argued that the provisions provide mechanisms including negotiation, conciliation, mediation and arbitration for disputes involving LSK, its members and its governance functions.

LSK consequently maintained that the High Court lacked jurisdiction to entertain the petition before those mechanisms had been exhausted.

Justice Mburu, however, found that while exhaustion was a legitimate jurisdictional issue that could be raised through a preliminary objection, it did not bar the proceedings in the circumstances of the case.

📰 Source: Capital FM Kenya

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