Chief Justice (CJ) Martha Koome has banned the use of makeshift structures as court rooms after the shooting of Madaraka Law Courts Principal Magistrate Monica Kivuti on June 13, 2024.
In a communique on June 17,2024, Koome noted that the judiciary has repeatedly asked for sufficient resource allocation to upgrade court facilities, but the request has not been addressed fully.
“Going forward, judicial services will no longer be rendered in makeshift structures,” Koome said.
“It should be recalled that in the past, 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 realized.”
Koome said the makeshift courts expose judicial officers to danger hence the decision to stop using them.
“In appreciation of these gaps, we will not expose Judiciary personnel to insecurity risks and will ensure that security, especially where infrastructure is inadequate, is not compromised,” he said.
Besides, Koome said judges, judicial officers, and staff will utilize virtual courts and secured permanent courts as needed.
“I am proud of and grateful to all Judges, Judicial Officers, and Staff who, despite extremely challenging circumstances, continue to deliver justice to Kenyans. As appreciated by the Judiciary Leadership Team (JLT) during its meeting on 15th June 2024, the death of Hon.Kivuti, who died in the line of duty, will not be in vain,” she said.
Meeting with IG Koome
The CJ said she has consulted the Inspector General of Police (IG) Japhet Koome who has assured that security in court premises and for Judges and Judicial Officers nationwide has been enhanced.
Additionally, she said the judiciary will continue to engage internally and with other relevant government agencies and stakeholders to comprehensively address identified security gaps.
Monica Kivuti’s Shooting & Death
Monica Kivuti was shot in the chest and left hip during a court session by OCS Samson Kipchirchir Kipruto who was equally shot dead by his collegues.
On Saturday, June 15, two days after the shooting, CJ Koome announced the death of Kivuti.
Also Read: LSK Declares Stance After Judges Suspend Services Protesting Magistrate Kivuti Killing
Judges and Magistrates Threaten to Strike
Following her killing, The Kenya Judges and Magistrates Association (KJMA) announced on Sunday, June 16, that they would take to the streets from June 19 to June 21 to demand a better working environment.
“The national council, the Kenya Association of Judges and Magistrates, and the leadership of the Kenya Judicial Staff Association met and made the following resolutions: the members of both associations will stop providing services from June 19 and June 21, 2024,” KJMA President Stephen Radido said.
KJMA President Stephen Radido said the Association wants several safety measures implemented, including the prohibition of firearms in courtrooms.
Radido also stated that KJMA demands court users not be allowed to appear in court while concealing their identities.
Also Read: Ruto Issues Directives After Magistrate Monica Kivuti’s Shooting
Law Society of Kenya Opposes Planned Protest
However, the Law Society of Kenya (LSK) President, Faith Odhiambo, urged the judges to at least hold virtual proceedings, stating that the strike would lead to a judicial crisis nationwide.
She emphasized that the services rendered by the judicial officers are essential and that the planned protest should be dropped.
“Insecurity for members of the bench is insecurity for members of the bar and the public as well. But we need to temper it down concerning essential services,” she said.
“Our members at the Judicial Service Commission, security forces, and the ministry need to sit and commit to proceeding with at least some basic court services, even if it is virtual hearings like those, we had during the COVID-19 pandemic.”
Kivuti’s Mourning Day
Koome earlier announced that Tuesday, June 18, would be a day of mourning for the entire Judiciary following Kivuti’s death on Saturday.
Additionally, the Judicial Service Commission (JSC) has postponed the interviews for the position of Judge of the Court of Appeal scheduled for June 18-21, 2024.
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