Commonwealth Lawyers Association backs LSK in Judiciary standoff, urges dialogue

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NAIROBI, Kenya, Jul 22 – The Commonwealth Lawyers Association (CLA) has thrown its weight behind the Law Society of Kenya (LSK) in its escalating standoff with the Judiciary, affirming the Society’s right to hold the Judiciary accountable while urging all parties to resolve the dispute through dialogue and in accordance with the rule of law.The intervention comes as tensions between the Judiciary and the legal profession continue to deepen.Earlier Wednesday, LSK President Charles Kanjama accused some judges and judicial officers of penalising advocates who complied with the Society’s targeted court boycott by dismissing cases, imposing adjournment fees and issuing other adverse orders. He said the LSK was documenting the reported incidents and would pursue targeted action against the affected judicial officers.LSK accuses judges of penalising lawyers during court boycott, vows targeted actionThe Kenya Judges Welfare Association (KJWA) has, however, urged the Society to end the boycott, arguing that it undermines the rule of law and unfairly prejudices litigants seeking access to justice.The LSK maintains that the boycott is intended to spotlight concerns over judicial accountability after the High Court suspended Judicial Service Commission (JSC) disciplinary proceedings involving several judicial officers.In a statement dated July 22, the Commonwealth Lawyers Association described the Law Society of Kenya as “a well-regarded and courageous Law Society” that has consistently championed the interests of its members and the rule of law.The CLA noted that the LSK had raised concerns over alleged corruption, judicial misconduct, abuse of office, registry inefficiencies and delays in processing court documents and releasing court funds, issues it said continue to undermine the administration of justice.It observed that while the LSK remains committed to constructive engagement with the Judiciary, it has insisted that judicial independence must be matched by accountability, integrity, transparency and responsiveness to legitimate concerns raised by advocates and court users.“The CLA supports the LSK in its right to both engage with the Judiciary and to hold it to account,” the association said.“The CLA notes that the LSK will be organising some targeted court boycotts as a means of drawing attention to its concerns and ensuring implementation of a number of recommendations in its statement.”The association said Kenya, as a Commonwealth member state, is bound by shared democratic values, including judicial independence, accountability and the rule of law. Citing the Commonwealth (Latimer House) Principles and the Commonwealth Charter, it said the Legislature, Executive and Judiciary each play distinct constitutional roles that are fundamental to good governance and the protection of rights.The CLA stressed that judicial independence and judicial accountability are complementary rather than competing principles, noting that judges remain accountable to the Constitution and the law, while legal practitioners are entitled to adopt balanced and proportionate measures when raising serious concerns affecting the justice system.“The CLA is concerned that the LSK regards the present situation as being so serious it requires action by way of targeted court boycotts,” the statement said.Even so, the association welcomed the LSK’s continued willingness to engage with the Judiciary and called on both institutions to pursue dialogue in resolving the impasse.It urged all parties to uphold integrity and dignity in the administration of justice, adhere to established principles governing judicial independence, maintain constructive engagement and safeguard the rule of law.The Commonwealth Lawyers Association’s intervention adds an international dimension to the growing dispute between the Law Society of Kenya and the Judiciary, with both sides maintaining their positions over judicial accountability and the administration of justice.