Tensions between Kenya’s judiciary and the legal profession have escalated following a declaration by lawyers to boycott a judicial dialogue forum scheduled for today.
The move comes amid growing concerns within the legal community over widespread corruption in the courts, including bribery at registries, frequent absenteeism and lateness by judges and magistrates, and significant delays in issuing rulings.
The Law Society of Kenya (LSK) Branch Chairs Caucus has strongly criticised the judiciary for failing to address these serious concerns, which have been raised at both the national and branch levels.
On Thursday, the LSK instructed its members not to attend the forum, stating that the judiciary had not taken meaningful steps to resolve the issues that directly impact their work and the administration of justice. The society expressed disappointment that the judiciary proceeded with the event despite the unresolved grievances that have been raised by Kenyan citizens.
“In view of the foregoing, the Branch Chairs Caucus has resolved to call upon its members, countrywide, to boycott the Judicial Dialogue Day,” the LSK Branch Chairs Caucus said in a statement.
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While the caucus condemned the intimidation of the judiciary by the Executive and other external forces, they emphasised that they could not stand idly by as their members’ livelihoods are threatened by the judiciary’s inefficiencies and disregard for their right to earn a living, as well as the Kenyan public’s absolute right to justice.
“We therefore hope and trust that the leadership of the Judiciary will immediately address these thorny and weighty issues raised by the Society in order to ensure that there is access to justice to all Kenyans and that respect of rule of law is adhered to as enshrined in the Constitution,” the caucus said.
The statement also raised concerns about recent decisions to bar certain advocates from appearing in specific courts, describing this as a dangerous precedent.
“Such unfettered jurisdiction is dangerous to our legal practice.”
A key issue of contention has been the Supreme Court’s decision on January 18, 2024, to bar Ahmednasir Abdullahi and all lawyers from his firm, Ahmednasir Abdullahi Advocates LLP, from appearing before the court. This action was taken after Abdullahi’s vocal criticism of the court and its judges on social media.
The LSK has since filed a lawsuit against the Supreme Court, arguing that Abdullahi and his firm were denied the opportunity to present their case or be heard before the ban was imposed.
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