LSK boycott does not apply to criminal and urgent cases, Kanjama clarifies

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LSK boycott does not apply to criminal and urgent cases, Kanjama clarifies

Law Society of Kenya President Charles Kanjama has clarified that the ongoing nationwide court boycott does not mean lawyers have completely withdrawn from all court proceedings, saying certain exceptional cases still require their presence.

Speaking during an interview on NTV on Wednesday, July 22, Kanjama said advocates may still appear in court where urgent legal issues demand their intervention, particularly in criminal matters and cases involving interim orders.

“In criminal matters under Article 49 of the Constitution, anyone who’s arrested has to be presented in court within 24 hours. So there are people who’ve been presented in court maybe for plea taking. The lawyers will determine whether they will appear for the plea-taking or they will leave them to engage the court on their own. So those are, you could say, the special exceptional cases where lawyers will attend court,” he said.

On interim orders, Kanjama said lawyers may attend court solely to seek extensions rather than proceed with substantive hearings.

He said the exceptions are designed to balance the legal profession’s right to protest with its responsibility to ensure access to justice.

“We have to balance between the needs of the people we serve and also what we are trying to achieve,” he stated.

Kanjama added that lawyers who choose not to attend court at all have the full backing of the LSK, while those handling exceptional matters do so at their own discretion.

The boycott, which began on July 22, follows an LSK notice issued on Friday, July 17, announcing a one-day nationwide withdrawal from court proceedings and an indefinite boycott of select courts.

The action is part of a wider push by the LSK for judicial accountability reforms, with Kanjama accusing judges of shielding themselves from misconduct investigations by the Judicial Service Commission.

He said the LSK would continue pushing for reforms within the Judiciary, reiterating that no one, including judges, is above the law.

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