• In a letter to the Attorney General, LSK says the decision by the state not to swear in the judges and also not gazette lawyers at essential providers as directed by the court is unlawful.
• Havi says that they hope that the state will comply with the two orders so that they don’t pursue legal action.
The Law Society of Kenya has threatened to take legal action against President Uhuru Kenyatta and the Attorney General for not swearing in 41 judges.
In a letter to the Attorney General, LSK says the decision by the state not to swear in the judges and also not gazette lawyers at essential providers as directed by the court is unlawful.
LSK president Nelson Havi has given AG Kihara Kariuki a seven-day ultimatum to comply with the said orders.
“In order to remedy the disobedience of court orders by the state on swearing of judges and listing lawyers as essential service providers, LSK says it has decided that the decrees are complied with unreservedly within seven days or they take legal action,” reads the letter.
Havi says that they hope that the state will comply with the two orders so that they don’t pursue legal action.
“Legal action shall be taken against you, Solicitor General, as well as the President of the Republic of Kenya in the event of failure of compliance within the time frame, indicated,” Havi says.
The legal body argues that on February 6 this year the High Court directed that the AG takes immediate measures and steps towards the swearing-in of the 41 judges recommend for appointment to the court of appeal by the JSC on July 22, 2019.
Havi says even though they have filed notices of appeal for both cases at the court of appeal neither of them has been stayed or set aside and there is no reason why they should not be complied with.