Former Law Society of Kenya (LSK) President Nelson Havi has received a response from the Judicial Service Commission (JSC), albeit an unsatisfactory one, regarding judges’ absenteeism in Eldoret to play sports.
Taking to X on Monday, March 24, Havi lamented that the response was lacking both in explanation and in how it was communicated.
“The response from the Judiciary is acknowledged but the explanation is unsatisfactory. First, the complaint forwarded came from Advocates in Eldoret,” Havi wrote.
“Second, a working day cannot be used for sports. Let Judges and Magistrates enrol in a gym and work out in the morning or evening.”
On Wednesday, March 19, Havi wrote to the Judiciary Chief Registrar Winfrida B Mokaya, and Chief Justice Martha Koome reporting the planned absenteeism by the Environment and Lands Court judges, terming it as gross misconduct and misbehaviour that should not be tolerated in the Judiciary.
In its response on Monday, however, the JSC noted that this was a routine exercise in the implementation of the ten-year Social Transformation through Access to Justice (STAJ) Blueprint.
According to the letter, this approach focuses on “attracting, developing and retaining the best talent, upgrading the core competencies of all staff, and developing the incentives and esprit de corps required to have inspired and motivated judges, judicial officers and staff who are committed to excellence in service delivery.”
The response by Mokaya also noted that the Judiciary was keen on wellness and work-life balance, which is why a sports day had been scheduled for March 20.
"We note that in the Eldoret case, the notice to downscale services during the wellness activity on 20th March 2025 was issued with due endorsement of the Court Users Committee and that the leadership of the Court had put in place sufficient measures to ensure service delivery was not affected," part of the statement read.
"Each of the two ELC judges had a cause list for March 20, 2025, and no matter was adjourned on account of the sports activity," the statement read.
Over the past few months, the former LSK President has been fighting against the absenteeism of judges from crucial court hearings, sometimes without clear communication or excuse.
The case in Eldoret particularly irked Havi, as they had clearly indicated that they would be playing sports instead of attending to their court duties.
