High Court judge Justice David Mburu has issued conservatory orders restraining the Law Society of Kenya (LSK) from disrupting proceedings before judges and judicial officers pending the hearing and determination of an application filed by Lawyer Andrian Kamotho

In granting the interim orders, Justice Mburu said the court had considered the affidavits filed by all parties and taken note of the events that have recently unfolded. He held that the orders were necessary to restore order within the Judiciary and ensure that court proceedings continue without interference while the matter remains before the court.

The orders temporarily prohibit the LSK from engaging in any actions that could disrupt proceedings before judges and judicial officers until the preliminary objection on the court’s jurisdiction is heard and determined.

The petition 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 several 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 informed the court that judges and magistrates serving as its members had been working under fear due to the ongoing dispute. The Commission 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 case.