Nairobi — As the Law Society of Kenya (LSK) prepares for a nationwide court boycott on Wednesday, city lawyer Peter Wanyama has urged the Society to complement its campaign against judicial corruption with tougher action against rogue advocates accused of undermining the integrity of the legal profession.
The LSK has called a one-day nationwide boycott of court proceedings, alongside an indefinite targeted boycott of judicial officers who have obtained court orders restraining the Judicial Service Commission (JSC) and the Ethics and Anti-Corruption Commission (EACC) from pursuing misconduct complaints against them.
The planned action has already drawn opposition from both the Judiciary and the Kenya Magistrates and Judges Association (KMJA), which have urged the Society to pursue dialogue instead, warning that the boycott will primarily hurt litigants awaiting the determination of their cases.
KMJA appeals to LSK to reconsider court boycott, cites harm to litigants
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Judiciary rejects LSK boycott, says all courts will sit as scheduled on Wednesday
While supporting the push for greater judicial accountability, Wanyama argued that corruption within the justice system cannot be addressed by focusing exclusively on judges.
“The Law Society of Kenya has taken a bold and commendable step to call for judicial accountability. Corruption is undoubtedly a major malaise that has slowly eroded trust in our judicial system, and it must be addressed,” he said.
“But can corruption in the Judiciary exist without the participation of lawyers?”
Wanyama questioned whether the Society should also scrutinise advocates who represent judges challenging disciplinary proceedings before the courts.
“If it is wrong for a judge to obtain orders stopping a JSC inquiry, should the LSK also publish a list of lawyers who accept instructions to represent those judges?” he posed.
He further argued that accountability should extend to advocates accused of bribing judicial officers or misappropriating clients’ money, saying public confidence in the legal profession depends on confronting misconduct within its own ranks.
“It takes two to tango. What about lawyers who file cases and bribe judicial officers to obtain favourable decisions? Shouldn’t there be a list of shame for these lawyers as well?” he asked.
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Wanyama also cited the long-running backlog of cases before the Advocates Disciplinary Tribunal involving allegations of theft of client funds, arguing that the Society should demonstrate the same resolve in addressing misconduct within the profession as it has shown in calling out failures within the Judiciary.
“There are hundreds of cases pending before the Advocates Disciplinary Tribunal involving theft of client money. Will the LSK publish the names of those lawyers and ask members of the public to boycott them?” he asked.
He also referenced the 1994 case in which compensation intended for the families of 37 prison warders who died in a road accident was allegedly misappropriated by a lawyer, arguing that the profession has long struggled to deal decisively with rogue practitioners.
Wanyama maintained that meaningful reform of the justice sector requires accountability on both sides of the courtroom.
“How far is the LSK willing to take this conversation? Or am I asking the wrong questions?” he said.
The LSK has defended the planned boycott as a necessary response to persistent concerns over judicial accountability, delays in the administration of justice and alleged corruption within the courts.
The Society has maintained that the protest is intended to press for institutional reforms and restore public confidence in the Judiciary.
