The LSK has threatened to sue the President and the Attorney General if they do not swear in 41 Court of Appeal judges and gazette lawyers as essential service providers in the next seven days.
Law Society of Kenya president Nelson Havi says in a letter to the AG that the decision not to swear in the judges and gazette lawyers as essential service providers as directed by court is unlawful.
Havi wants the court decrees to be complied. “Legal action shall be taken against you, Solicitor General as well as the President of Republic of Kenya in the event of failure of compliance within the time frame indicated,” his letter says.
On February 6, the High Court directed the AG to ensure that the 41 judges recommended for appointment to the Court of Appeal by the JSC on July 22, 2019, were sworn in.
Havi says the LSK has since filed notices of appeal for both cases at the Court of Appeal but neither has been stayed or set aside.
“The swearing in of 41 judges is long overdue. A declaration has been made that the President's failure to appoint the judges violates the Constitution and the Judicial Service Act,” the LSK president says.
He accuses the Executive of unlawfully impeding the JSC from performing its mandate.
“The court's declaration of legal services as essential is self-executing. Members of the society have been and will continue moving from one place to another in the performance of their professional duties.
"These movements include within the time of the subject matter of the curfew as well as in and out of counties in respect of which the restrictions of movements applies,” the letter states.
It cites "unfortunate instances" where advocates have been arrested and restricted, necessitating LSK intervention.
“Please advise the IG not to arrest or interfere with the movement of any advocate who identifies himself or herself with the identification card issued to them,” the LSK chief says.
- mwaniki fm
