LSK suffers setback as High Court rejects bid to strike out boycott petition

NAIROBI,Kenya Sep 18 -The High Court has cleared the way for a constitutional challenge to the Law Society of Kenya’s (LSK) targeted boycott of selected judges and judicial officers after dismissing the Society’s bid to have the case struck out at the preliminary stage. Breaking It Down Justice David Mburu on Thursday dismissed LSK’s preliminary objection, ruling that a petition filed by lawyer Dr Adrian Kamotho Njenga raises constitutional que

09/18/26  •  5 Views

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NAIROBI,Kenya Sep 18 -The High Court has cleared the way for a constitutional challenge to the Law Society of Kenya’s (LSK) targeted boycott of selected judges and judicial officers after dismissing the Society’s bid to have the case struck out at the preliminary stage.

📻 Breaking It Down

Justice David Mburu on Thursday dismissed LSK’s preliminary objection, ruling that a petition filed by lawyer Dr Adrian Kamotho Njenga raises constitutional questions that cannot adequately be resolved through the Society’s internal dispute-resolution mechanisms.

The judge directed that the petition and a Notice of Motion dated July 24, 2026 proceed to determination on their respective merits.

The case stems from a series of LSK resolutions and communications issued in July, including a nationwide court boycott on July 22 and an indefinite targeted boycott of courts presided over by specified judges and judicial officers.

📌 What You Need to Know

LSK announced the boycott citing concerns over judicial accountability, alleged misconduct, delays in the administration of justice and other challenges affecting the legal profession and court users.

The Society said its targeted action would focus on judges and judicial officers who, according to LSK, had obtained court orders preventing the Judicial Service Commission (JSC) or the Ethics and Anti-Corruption Commission (EACC) from processing complaints against them.

Under the boycott guidelines, advocates appearing before the targeted judicial officers were directed to seek adjournments, transfers of cases or recusal. LSK also said affected judges should only deliver pending rulings and judgments and should not preside over fresh hearings while the issues surrounding the disciplinary processes remained unresolved.

Kamotho moved to the High Court challenging the legality and constitutionality of the measures, arguing that the boycott threatened access to justice, legal representation and judicial independence.

He also challenged the directives on the basis that they could interfere with the ability of judges and judicial officers to discharge their constitutional functions.

LSK opposed the petition through a preliminary objection, arguing that Kamotho should first have exhausted the dispute-resolution mechanisms provided under Regulations 95 and 96 of the Law Society of Kenya (General) Regulations, 2020.

📰 Source: Capital FM Kenya

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