The Judiciary on Monday dismissed the Law Society of Kenya’s (LSK) planned nationwide court boycott as “inappropriate and disproportionate,” maintaining that all courts will remain operational on Wednesday, July 22, 2026, despite advocates’ planned withdrawal from court proceedings.
In a statement, Judiciary Spokesperson Paul Ndemo, said the institution had received the LSK’s notice of a nationwide boycott but insisted that court operations would continue as scheduled.
The Judiciary argued that the move would primarily affect litigants and other court users whose cases are due for hearing and determination.
“The institution does not consider a boycott of court proceedings to be an appropriate or proportionate response to the concerns raised,” the statement said.
“Such action would primarily prejudice litigants and other court users.”
While acknowledging the LSK as an “indispensable partner” in the administration of justice, the Judiciary reaffirmed its commitment to dialogue and noted that a consultative meeting involving the Judicial Service Commission (JSC), the LSK Council and representatives of the Senior Counsel Bar is scheduled for July 31.
The Judiciary also defended the existing accountability mechanisms, stating that the JSC and the Office of the Judiciary Ombudsman remain available to receive and investigate complaints against judges, judicial officers and staff.
It, however, stressed that allegations of misconduct must be addressed through due process rather than public accusations.
“The rule of law demands fairness both to court users and to those entrusted with the administration of justice,” the statement added.
Highlighting recent performance, the Judiciary said courts resolved 647,686 cases against 621,425 new filings during the 2024/2025 financial year, achieving a Case Clearance Rate of 104 per cent, the first time in several years that the courts concluded more cases than were filed.
It acknowledged that delays and adjournments remain a concern but maintained that these arise from multiple points within the justice system and require collective action from all stakeholders.
On concerns over frequent e-filing disruptions, the Judiciary said measures have been put in place to notify court users whenever the system experiences downtime and to provide alternative filing arrangements while investments continue to strengthen the digital platform.
The Judiciary urged the LSK to reconsider the planned boycott and instead pursue its concerns through ongoing consultations and the constitutional and statutory mechanisms available for reviewing judicial conduct.
“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.
However, the LSK has defended the boycott, describing it as a lawful and necessary response to long-standing concerns over the administration of justice.
In a statement to members, LSK President Charles Kanjama, said advocates had repeatedly raised concerns over alleged judicial corruption and misconduct, delays in hearing and determining cases, registry inefficiencies, recurring e-filing system failures and what the society termed inadequate complaint-handling mechanisms within the JSC.
“Where sustained engagement does not yield adequate progress in addressing matters affecting the administration of justice, the Society has both a statutory and constitutional duty to take lawful, measured and proportionate action to protect the interests of its members, the legal profession and the public,” Kanjama said.
The LSK Council resolved during its July 13, meeting to implement a two-stage boycott.
The first involves a one-day nationwide withdrawal from court proceedings on July 22, during which advocates will not participate in hearings or applications, except for mentions intended to secure fresh hearing dates or extend interim orders.
Lawyers will, however, continue filing court documents within prescribed timelines.
The second phase is an indefinite targeted boycott of courts presided over by judges and judicial officers who have obtained court orders restraining the JSC or the Ethics and Anti-Corruption Commission (EACC) from investigating complaints or allegations of corruption and misconduct against them.
Under the directive, advocates have been instructed not to appear before such judicial officers, while affected judges are urged to limit their work to delivering pending rulings and judgments without hearing new applications or part-heard matters.
The targeted boycott will also extend to the Supreme Court, excluding registry services, with the LSK arguing that most judges of the apex court remain in office under court orders that have halted disciplinary processes by the JSC.
The society has further directed members to report any judicial officers who decline to facilitate the boycott, warning that such conduct could result in complaints before the JSC and other action deemed appropriate by the Council.
The standoff has intensified tensions between the Judiciary and the legal profession, with both sides insisting they are acting in the best interests of the justice system.
While the Judiciary maintains that existing constitutional mechanisms are sufficient to address complaints against judicial officers, the LSK argues that those mechanisms have failed to adequately resolve persistent concerns raised by advocates and court users.
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