NAIROBI, Kenya, Jul 31 – Chief Magistrate Stella Atambo has asked the High Court to stop the Law Society of Kenya (LSK) from implementing its planned boycott of court proceedings before selected judicial officers, arguing that the move is unconstitutional, discriminatory and threatens access to justice.
In court papers filed through her lawyer, Danstan Omari, Atambo contends that the proposed boycott would undermine the administration of justice by preventing advocates, litigants and members of the public from accessing the courts.
“The impugned notices are calculated to obstruct and impede access to justice by advocates, litigants and other court users,” Atambo states in her replying affidavit.
She argues that judicial officers should not be punished for seeking constitutional protection through the courts, maintaining that every judge and magistrate has the right to defend their constitutional rights, professional standing and reputation through lawful legal processes.
“A judicial officer cannot be prohibited or condemned for seeking lawful measures to protect his or her constitutional rights, professional standing, impartiality and reputation,” she states.
Atambo further argues that complaints against judges and magistrates should only be handled by the Judicial Service Commission (JSC), the constitutional body mandated to investigate and determine disciplinary matters involving judicial officers.
According to the Chief Magistrate, the LSK’s planned boycott amounts to an attempt to bypass the constitutional mandate of the JSC.
“Resorting to organised boycotts amounts to an impermissible usurpation of the constitutional mandate of the Judicial Service Commission and constitutes a direct assault on due process and constitutionalism,” the affidavit states.
Atambo also discloses that she has already challenged in court actions taken against her, including the search of her residence and the raid on her office, arguing that those matters are properly before the courts and should be resolved through the legal process.
Through Omari, she further argues that neither the Law Society of Kenya Act nor the Advocates Act grants the LSK powers to organise or enforce a boycott of court proceedings.
She warns that such action would undermine judicial independence, interfere with the administration of justice and risk denying Kenyans their constitutional right to have disputes heard and determined by the courts.
“The administration of justice cannot constitutionally be held hostage to the internal politics, disagreements or grievances of any professional association,” the affidavit states.
Atambo is now seeking orders restraining the Law Society of Kenya from implementing the planned boycott and a declaration that grievances against judicial officers should be pursued exclusively through the Judicial Service Commission and the courts, in accordance with the Constitution.
