High Court orders halt of LSK's court boycott citing interference with proceedings

In issuing the interim orders, Judge David Mburu said that the court had considered the affidavits filed by the parties and was aware of the events that had been unfolding.

He observed that the orders were necessary to restore order within the Judiciary and ensure that court proceedings continue without interference while the matter is pending before the court.

The orders temporarily bar the LSK from engaging in any actions that would disrupt proceedings before Judges and Judicial Officers until the preliminary objection is heard and determined.

"There will be an interim conservatory order restraining the respondent from disrupting and/or interfering with court proceedings before the judges mentioned in their communication or any other Judge and Judicial Officer pending the hearing of the PO. The order will last until the 17th of September," he said.

The case was filed by lawyer Adrian Kamotho, who is challenging the LSK's nationwide and targeted boycott of proceedings involving Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and other judges.

Kamotho argues that the directive is unconstitutional, undermines judicial independence and denies litigants access to justice.

Lawyers Danstan Omari and Peter Wanyama, appearing for interested parties who are judges in the case, also opposed the LSK directive, arguing that it interferes with the administration of justice.

During the mention of the matter, the Judicial Service Commission told the court that judges and magistrates serving as its members have been working in fear due to the ongoing dispute and urged the court to take judicial notice of the prevailing circumstances.

The court is expected to deliver its ruling in September on the preliminary objection challenging its jurisdiction to hear the matter.