Day two of lawyers boycott

Lawyers’ court boycott enters second day over judicial probes. [Courtesy]

Services at the Mombasa and Kwale Environment and Lands Courts (ELC) were disrupted yesterday due to a boycott by lawyers against judges who have obtained orders to stop investigations into their conduct.

Mombasa lawyers yesterday said the boycott of courts, which started on Wednesday, will continue until the message reaches the judicial officials believed to have been involved in alleged illegal activities.

The Law Society of Kenya (LSK) said courts presided over by Justices Lucas Naikuni and Anthony Abwayo were affected as the lawyers' decision not to appear before them entered its second day.

LSK Mombasa branch chair Ms Natasha Errey said the two judges obtained orders barring the Judicial Service Commission (JSC) from conducting disciplinary action on them.

She said the boycott was a sacrifice that must be done after dialogue and a call for accountability failed. But other lawyers appeared before the judges in the chambers to seek adjournment of their cases.

“I feel the boycott is a success because the last time LSK had a protest like this one was in 2018. The boycott is the only thing that will work; we have already tried all other avenues,” said Errey.

Errey said that matters, including her work, were adjourned to further dates, a point that has left many litigants stranded and frustrated with delayed justice.

“One of my matters scheduled for highlighting and submission was pushed to October despite having waited for a very long time. Some of the litigants are frustrated as they feel the matters are taking longer than they should,” said Errey.

She said the lawyers are balancing their duty to speak for their clients and also speak as advocates for democracy, justice and society.

"It is not an easy balance. It is not something we took lightly, but the fact we are standing by it should tell you that we believe there is a need for change, and it must come in whatever way we can get it,” said Errey.

However, she admitted that there are courts that actually work and not every single judge and magistrate has an issue.

“We are saying everyone needs to get in line basically and be working as they should for justice," said Errey.

Law Society of Kenya LSK branch secretary Boaz Adala said the boycott will act as a lesson to those who have been going against the law.

“The boycott will continue in various courts, and where the advocates are, the proceedings will not go on as usual," said Adala.

He said that the people were complaining that the lawyers were making the litigants suffer but added that for people to gain, sometimes people have to be sacrificed.

At the end of the day, when complaints about corruption and other vices are addressed, it is society which will benefit,” said Adala.

Other lawyers said it was unfortunate that they had to avoid going to courts, but it was important because that was the only way to address complaints of corruption and other vices in the courts.

However, a spot check in the court found that some high-profile cases proceeded in the court.

High Court lawyer Willis Oluga said that his matters were taken out on Wednesday over the boycott.