Law Society of Kenya (LSK) President Faith Odhiambo disagreed with the decision to withdraw judicial services this week in protest of Magistrate Monica Kivuti’s shooting by a police officer at Makadara law courts.
Monica Kivuti was shot in the chest and left hip by OCS Samson Kipchirchir Kipruto of Londiani police station, during a court session on Thursday, June 13.
She was later pronounced dead on Saturday, June 15.
However, Faith Odhiambo while supporting the date set for morning the deceased magistrate noted that it would be unfair to deny the public access to justice for the dates set by Kenya Judges and Magistrates Association.
“As the legal fraternity, we fully support the Chief Justice’s directive that Tuesday will be a day of mourning for the entire Judiciary,” LSK president Faith Odhiambo said.
“As the Law Society, we stand in solidarity with them. However, Articles 48 and 50 of the Constitution state that members of the public have a right to access justice and a fair hearing.”
Following Kivuti’s death, the Kenya Judges and Magistrates Association (KJMA) announced on Sunday, June 16, that they would abandon work 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.
Also Read: Monica Kivuti Death: Nelson Havi Lists 4 Ways CJ Koome Can Protect Judges Without Police
LSK President Highlights Consequences
However, the LSK President in an interview said the postponement would lead to a judicial crisis nationwide and urged the Judiciary at least hold virtual proceedings.
She added that the protest by judges, magistrates, Kadhis, registrars, deputy registrars, and judicial staff need to be tampered down noting that their services are essential.
“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,” Odhiambo 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.”
KJMA President Stephen Radido said that upon their return to work, they want several safety measures implemented, including the prohibition of firearms in courtrooms unless sanctioned by the courts.
He added that court users would not be allowed to appear in court while concealing their identities.
“Members of the KMJA and the KJSA (Kenya Judiciary Staff Association) shall not conduct any judicial proceedings in the open air, whether under a tent, in a container, or in any makeshift structure,” Radido added.
Courts to Mourn Magistrate Kivuti
Chief Justice Martha Koome earlier announced that Tuesday, June 18, will be a day of mourning for the entire Judiciary following Kivuti’s death on Saturday.
Also Read: Drama in Court as Senior Police Officer Shoots Magistrate
“Tuesday, 18th June 2024 is declared as a day of mourning for the entire Judiciary in solidarity with Hon Kivuti’s family, friends, and colleagues as well as all Judges, Judicial Officers and Staff who have been deeply affected by this tragedy,” Koome said.
Moreover, Makadara Law Courts will remain closed until Monday 24th June 2024 to allow dismantling of the makeshift court structures and to allow reorganization for security reasons. The Judiciary administration will also workday and night to complete the prefabs at Makadara Law Courts.
All affected matters listed before Makadara Law Courts next week will be mentioned before Milimani Law Courts.
The Judicial Service Commission (JSC) also postponed the interviews for the position of Judge of the Court of Appeal scheduled for 18th-21st June 2024.
Follow our WhatsApp Channel for real-time news updates:
https://whatsapp.com/channel/0029VaB3k54HltYFiQ1f2i2C
