Chief Justice Martha Koome has urged judges, magistrates, and judicial staff not to withhold services in protest of Magistrate Monica Kivuti’s shooting by a police officer at Makadara law courts.
Despite the announcement by the Kenya Judges and Magistrates Association (KJMA) to abandon work this week in demand of a better working environment following Kivuti’s death, CJ Koome emphasized that honoring Kivuti is best achieved by continuing to provide services in accordance with the law.
“Hon. Kivuti was a gallant officer who died protecting the rule of law, holding court in a tent and over lunch hour. The best way we can honour her commitment is by continuing to provide services in adherence to the Constitution and the rule of law,” said Koome in a statement.
“Any lapse that might lead to lawlessness and anarchy would be contrary to what Hon. Kivuti stood for.”
The chief justice added: “Courts nationwide will proceed with their operations on Wednesday, 19th; Thursday, 20th; and Friday, 21st, except for Makadara Law Courts, which is under re-evaluation for security purposes. Judges, Judicial Officers, and Staff will utilize virtual courts and secured permanent courts as needed.”
Koome laid out plans the judiciary has made to ensure the safety of its staff, such as the ban on holding court sessions in makeshift structures.
“The Judiciary has repeatedly requested the Executive and Parliament for sufficient resource allocation to upgrade our court facilities to standards that would guarantee efficient and safe execution of judicial duties. This goal is yet to be fully realised… we will not expose Judiciary personnel to insecurity risks and will ensure that security, especially where infrastructure is inadequate, is not compromised,” said Koome.
Tuesday remains a day of mourning for the Judiciary and no court sessions will be held.
The Law Society of Kenya on Sunday also challenged the plan to suspend judicial services, with its president Faith Odhiambo terming it unconstitutional.
“As the Law Society, we said would be in solidarity with them. But Articles 48 and 50 of the Constitution say that members of the public have a right to access to justice and a fair hearing,” Odhiambo told Citizen TV in an interview.
“Our members at the Judicial Service Commission, security forces and the ministry need to sit and commit to at least proceeding of some basic court services; even if it is virtual hearings like what was happening during the Covid-19 pandemic.”
During last Wednesday’s tragic incident, Chief Inspector Samson Kipchirchir Kipruto, the Officer Commanding Station (OCS) of Londiani police station, forcibly entered the courtroom during a session and opened fire at Magistrate Kivuti.
This violent act occurred after the court ruled that his wife, Jenniffer Wairimu, should be remanded for violating her bond terms. Wairimu was accused of obtaining money amounting to Ksh.2.9 million through false pretenses. Subsequently, Kipruto was shot dead by responding officers at the scene.
