Former Law Society of Kenya (LSK) President Nelson Havi has written a letter of concern to the Judicial Service Commission (JSC) following an absenteeism notice issued by justices from the Eldoret Environment and Land Court on March 14.
According to the notice, the judges will be absent beginning at 10 a.m. on Thursday, March 20, for sporting events, an explanation that has properly enraged the senior counsel.
In his letter to the JSC, Havi described absenteeism as gross misconduct and misbehavior that must not be condoned. He also expressed concern about the lack of changes to the Court’s Cause List since December 2024, as opposed to its nearest station, Kericho, which has an updated Cause List.
“Advocates and litigants from Eldoret have complained to me that the Court has notified that it will not sit on March 20, 2025, as it ‘will be having sports’,” part of the letter read. “Enclosed is the notice published by the Deputy Registrar, Hon N Barasa in that regard. I have checked the Kenya Law Cause List and noticed that none for the Station has been published since December 2024.” It continued: “The adjacent Station Kericho has an updated Cause List. Copies are enclosed. Is there a possibility that the Judge(s) and Magistrate(s) in Eldoret are so idle that they have to play on a Thursday at 10.00 am?”
Addressed to the Chief Registrar of the Judiciary, Winfrida B Mokaya, the letter also tagged Chief Justice Martha Koome, warning them not to allow such impunity to continue.
This comes after months of city lawyers criticizing the legal system, particularly the frequent absenteeism of judges in law courts around the country, frequently without warning. Aside from absenteeism, Havi has advocated for the dismissal of CJ Koome and the six other Supreme Court judges from office due to widespread corruption in the court.
His efforts to remove the judges have yet to yield fruit because the JSC has been prevented from acting on any petition to remove the seven by various court rulings.
On March 5, the High Court prolonged conservatory orders through March 28. The verdict came after two courts issued conservatory orders, giving the embattled Chief Justice a reprieve.
Havi has not been fighting alone, as other attorneys, like fellow senior lawyer Abdullahi Ahmednassir, have shared his concerns and filed similar petitions.
