The Law Society of Kenya (LSK) Council, led by President Charles Kanjama, SC, during a press briefing held at the Supreme Court of Kenya, reaffirming the Society’s position on the nationwide boycott of court proceedings. (Photo: LSK)
The Commonwealth Lawyers Association (CLA) has backed the Law Society of Kenya’s (LSK) call for greater accountability in the Judiciary amid concerns over alleged misconduct, delays and administrative challenges affecting the justice system.
In a statement issued on Tuesday, the international legal body expressed support for the LSK’s efforts to hold the Judiciary accountable while maintaining engagement aimed at resolving challenges affecting legal practice and the administration of justice.
“The CLA supports the LSK in its right to both engage with the Judiciary and to hold it to account,” the association said.
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The statement follows the LSK’s announcement that it would organise targeted court boycotts after raising concerns over what it described as “persistent and systemic challenges affecting legal practice and the administration of justice.”
Among the issues highlighted by the LSK are allegations of corruption, judicial misconduct, abuse of office and unethical conduct by some judicial officers, as well as persistent delays in processing court documents and releasing court funds.
While reaffirming the importance of judicial independence, the CLA said independence must be accompanied by accountability to maintain public confidence in the justice system.
“The LSK position was to confirm that its Council remained committed to constructive engagement with the Judiciary; however, judicial independence must go hand in hand with accountability, integrity, transparency and responsiveness to legitimate concerns raised by court users and the Bar,” the statement said.
The association acknowledged that lawyers have a duty as officers of the court but said they also have a legitimate right to respond to serious concerns affecting the administration of justice.
“While a careful balance must be struck between practitioners as Officers of the Court ensuring they play their part in the administration of justice, a balanced and proportionate response to serious concerns is the right of any legal profession,” the CLA said.
Citing the Commonwealth (Latimer House) Principles and the Commonwealth Charter, the association reminded Kenyan authorities that the Legislature, Executive and Judiciary are collectively responsible for upholding the rule of law, protecting fundamental rights and promoting good governance.
The CLA urged all stakeholders to uphold “the highest principles of integrity and dignity in supporting the administration of justice,” continue dialogue to resolve legitimate concerns, and uphold the rule of law.
Meanwhile, the East Africa Law Society (EALS) has also backed the Law Society of Kenya’s (LSK) advocates’ boycott of court proceedings, saying the action is a lawful and proportionate response aimed at strengthening judicial accountability without undermining judicial independence.
In a statement issued from Arusha, Tanzania, the regional lawyers’ body said it stands in “firm and public solidarity” with the LSK and fully associates itself with the Commonwealth Lawyers Association’s support for the boycott, maintaining that judicial independence and accountability are complementary constitutional principles essential to upholding public confidence in the Judiciary.
