The Law Society of Kenya has hit back at the Kenya Magistrate and Judges Association (KMJA) following escalating tensions in Maua Law Courts.
In a statement by the LSK President, Faith Odhiambo, on Saturday night, the society called out KMJA for reportedly not taking seriously the concerns raised by the lawyers in a protest on October 30.
On Thursday, protests broke out at the Maua Law Courts, during which a sitting Magistrate was reportedly harassed, her vehicle blocked, and inflammatory chants of "thief" directed at her by a group of advocates.
"The Law Society of Kenya (LSK) expresses its profound concern and disappointment over the statement issued by the Kenya Magistrates and Judges Association (KMJA), following the protests by advocates practising in the Meru Chapter against Hon. Damacaline Bosibori, Hon. Ken Muchiri and Hon. Elizabeth Khanali Chesoni," the LSK statement read in part.
"The Society recognises the seriousness of the issues raised and emphasises that judicial independence and accountability are not mutually exclusive; they are complementary pillars of the rule of law that must be upheld without hesitation."
As such, they termed the situation in Maua to be "symptomatic of a broader malaise".
"Long-standing grievances about the conduct of some judicial officers and strained relationships between the Bar, the Bench, and court users have been simmering for far too long," the statement read.
The society, due to the continued practice of merely transferring judges accused of misconduct, as in the Maua Courts, called on the Judicial Service Commission to intervene in the matter.
Firstly, they want the JSC to conduct a comprehensive and impartial investigation into the conduct of judicial officers stationed at Maua Law Courts, including those named in formal complaints.
They also want the commission to have a thorough review of the administrative and working conditions at Maua Law Courts to identify and address the systemic challenges that have contributed to the breakdown of relationships between advocates, judicial officers, and court users.
Lastly, they urged JSC to ensure that accountability measures are substantive and not limited to "cosmetic transfers", which have proven ineffective in addressing misconduct and restoring public trust.
Following the chaos, the KMJA denounced the incident, terming it "a new and dangerous low".
"This was not a peaceful protest; it was intimidation and incitement," KMJA said in a statement, also calling out purported cyberbullying of sitting judges and magistrates by advocates.
"Such behaviour is a gross violation of professional conduct and an affront to the dignity of the court," the statement read.
