The Kenya Magistrates and Judges Association (KMJA) has appealed to the Law Society of Kenya (LSK) to reconsider its planned nationwide boycott of court proceedings, warning that the move would primarily disadvantage ordinary Kenyans seeking justice.
The appeal comes a day after the LSK announced an indefinite targeted boycott of several judges and judicial officers, including Chief Justice Martha Koome and her deputy Philomena Mwilu, over concerns ranging from alleged judicial misconduct to delays in delivering judgements, registry inefficiencies and accountability.
In a statement signed by KMJA President Justice Peter Mulwa, the association said while it respects the LSK’s role in promoting the rule of law, withdrawing legal representation from court proceedings would have far-reaching consequences for litigants.
“It is precisely because we take these concerns seriously that we respectfully urge the LSK to reconsider a boycott, whether general or targeted. A withdrawal from court proceedings does not fall on the institution alone; its immediate and heaviest cost is borne by litigants,” Mulwa said.
The association acknowledged that the concerns raised by advocates regarding delays, registry inefficiencies, case management and judicial accountability were legitimate, but noted that the Judiciary had already recognised the challenges and was implementing reforms.
“The Association does not take lightly the concerns its members have raised regarding delays, registry inefficiencies, case management and judicial accountability. These are concerns that the Judiciary itself has acknowledged and is actively working to address,” the KMJA President stated.
KMJA also questioned the legality of the planned targeted boycott against judges who have obtained court orders halting disciplinary or investigative proceedings, noting that several of the affected judicial officers have active matters before the courts.
“Several of the judicial officers named in the Society’s list, including members of the Supreme Court bench, are presently before the courts of competent jurisdiction exercising their lawful right to be heard on matters that remain sub judice.”
The association cautioned that directing advocates to avoid appearing before those judges simply because they sought legal protection could be interpreted as an attempt to influence ongoing court proceedings and would be inconsistent with Article 160(1) of the Constitution, which guarantees judicial independence.
On allegations of corruption, KMJA reaffirmed its support for accountability but maintained that all complaints should be handled through the appropriate constitutional institutions.
“The KMJA maintains a zero-tolerance position on judicial misconduct and corruption in any form, and supports full, prompt and impartial investigation of any credible allegation,” Justice Mulwa said.
The association encouraged advocates to submit evidence-based complaints to the Judicial Service Commission (JSC) and the Office of the Judiciary Ombudsman, warning that publicly naming judges before formal investigations risked undermining due process.
It also acknowledged that court backlog remains a major challenge but argued that suspending court appearances would not resolve the problem.
“Reducing backlog is therefore a shared responsibility requiring coordinated efforts by the Bench, the Bar, prosecutorial agencies, investigative bodies and all judicial sector institutions. Sustainable solutions will only be achieved through collaboration rather than cessation of court proceedings.”
KMJA called for dialogue between the Bench and the Bar, proposing an urgent meeting through the National Council on the Administration of Justice Court Users Committees or a dedicated Bar-Bench forum.
“The Judiciary and the Legal profession are partners in the administration of Justice…KMJA proposes that the concerns raised be pursued through structured, urgent dialogue rather than a boycott,” he added.
The latest appeal adds to efforts aimed at easing tensions between the Bench and the Bar after the Judiciary on Monday maintained that all courts would remain open despite the planned boycott, insisting that access to justice should not be interrupted.
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