Former Law Society of Kenya (LSK) President Nelson Havi has penned a letter of concern to the Judicial Service Commission (JSC) following an absenteeism notice by judges from the Eldoret Environment and Land Court on March 14.
According to the notice, the judges will be indisposed from 10 am on Thursday, March 20, as they will be having sports, an excuse that has rightfully angered the senior counsel.
In his letter to the JSC, Havi termed absenteeism as gross misconduct and misbehaviour that should not be tolerated.
He also raised alarm over the lack of updates to the Court's Cause List since December 2024 unlike its nearest station Kericho which has an updated Cause List.
"Advocates and litigants from Eldoret have complained to me that the Court has notified that it will not sit on March 20, 2025, as it "will be having sports." Enclosed is the notice published by the Deputy Registrar, Hon N Barasa in that regard," part of the letter read.
"I have checked the Kenya Law Cause List and noticed that none for the Station has been published since December 2024. The adjacent Station Kericho has an updated Cause List. Copies are enclosed. Is there a possibility that the Judge(s) and Magistrate(s) in Eldoret are so idle that they have to play on a Thursday at 10.00 am?"
Addressed to the Chief Registrar of the Judiciary Winfrida B Mokaya, the letter also tagged in the Chief Justice Martha Koome urging them to not allow such impunity to prevail.
This follows months of city lawyers fighting the judicial system, especially on the frequent absenteeism of judges in law courts across the nation, often without notice.
Besides the absenteeism, Havi has also been advocating for the removal of CJ Koome and the six other Supreme Court Judges from office over deep-rooted corruption in the apex court.
His efforts to remove the judges have yet to bear any fruits as the JSC has been barred from acting on any petition filed to remove the seven by several court orders.
On March 5, the High Court extended conservatory orders until March 28. The ruling came after two courts issued conservatory orders, granting a reprieve to the embattled Chief Justice.
It has however not been a lone fight for Havi as other advocates including fellow senior counsel Abdullahi Ahmednassir have echoed his grievances, even filing similar petitions.
