Mombasa lawyers push for judicial reforms as court boycott continues

Law Society of Kenya Mombasa chairperson Natasha Errey. [Courtesy]

As the nationwide court boycott enters day two, lawyers in Mombasa have said change in the judiciary must come at all costs and by sacrifice as they demand all judicial officers toe the line.

Law Society of Kenya (LSK) Chair Mombasa Natasha Errey, who doubles as LSK Chair Coast Branch, said despite the courts and cases being their bread and butter, they had to sacrifice for an accountable judiciary.

Errey, who is also the Head of LSK Chairs caucus, said that the boycott was a last resort after a long deliberation and failure of dialogue.

“I do not think that there is a struggle that is easy. We must make sacrifices where the advocates and the litigants and the ordinary Kenyan is comfortable and happy with the way the judiciary is going,” said Errey.

She said that Nairobi and Mombasa courts are the majorly affected regions where a list of 12 judges and a magistrate under investigations by the Judiciary Service Commission (JSC) was published.

Errey said the boycott that began on Wednesday was a success because it shows the commitment and solidarity of the advocates towards achieving a sober, just and corrupt free judiciary.

She said it becomes hard for people to follow orders issued by an institution that has trust issues with the public.

“The end game is for justice to be seen to done and for it to be done. Perception in certain professions and institutions is very important and the judiciary being one of them. You must be seen to be just and not corrupt. If there is ever any doubt in the ordinary mwananchi mind, there is going to be a backlash,” said Errey.

At the Coast, Justices Lucas Naikuni and Anthony Abwayo of Kwale Environment and Lands Court (ELC) and Mombasa’s ELC respectively were boycotted for being among the list of judges who obtained orders barring JSC from conducting disciplinary action on them.

She said that despite cases being adjourned, it is a sacrifice that must be done after dialogue and a call for accountability failed.

“I feel the boycott yesterday was a success because the last time LSK had a protest was in 2005. So when the membership and the leadership decide that a boycott is the only thing that will work, we have already tried all other avenues,” said Errey.

Errey said that matters including hers 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 for society.

“Is not an easy balance. It is not something we took lightly but by the fact we are standing by it, should tell you that we believe there is 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.

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