The Law Society of Kenya (LSK) has called for a complete overhaul of the Judicial security policy following the tragic death of Magistrate Monica Kivuti, who was shot and injured at the Makadara Law Courts on June 13, 2024.
LSK in a statement on June 15, 2024, said that the incident has highlighted the grave systemic issues in Kenya’s moral fabric and value system, where judicial officers and advocates are often subjected to backlash, threats, and attacks due to dissatisfaction with the delivery of their mandate.
“While general dissent is understandable on account of the high stakes of litigation, we cannot allow ourselves to resort to the subversion of Justice through attacking those on whom we rely on to get access to it,” said LSK.
The Society led by its President Faith Odhiambo termed the passing of Kivuti as a “heart-wrenching moment” for the legal fraternity.
“Monica Kivuti was a dedicated and steadfast servant of the nation in the administration of Justice. We convey our sincere condolences to her family, friends, colleagues and the entire Judiciary family for this unfortunate loss.”
May the soul of the dutiful agent of justice rest in eternal peace,” added the society.
LSK has since called for solidarity and collaboration among practitioners and the Judiciary to ensure the safety and security of Judicial officers.
LSK Calls for Judicial Security Policy Reforms
In a bid to address the security crisis in courts, LSK called for additional funding from the treasury to facilitate the enhancement of security features within the Judiciary.
It highlighted several key areas that require immediate attention, including the procurement of security equipment such as x-ray and body scanners to mitigate the likelihood of weapons being taken into courts.
“Additional resource allocation is also necessary to facilitate assignment of additional security officers to courts and conduct fundamental security response trainings for Judicial Officers.”
Also Read: LSK Calls for Maandamano Over Alleged Abduction of Lawyer
Furthermore, LSK recommended the setting up of firearm depositories for firearm holders to surrender their weapons for safe keeping before accessing courts.
They also called for the establishment of a Judiciary Police Unit within the National Police Service to implement a new policy on safety of Courts and Court officers.
“We will also move the National Council on Administration of Justice (NCAJ) to demand for the establishment of a Judiciary Police Unit within the National Police Service to implement a new policy on safety of Courts and Court officers.”
LSK Calls for Restriction of Free Reign Exercised by Police
Additionally, the society noted that it would review the free reign exercised by police within courts in a bid to ensure Judicial Officers are protected from unchecked access by police officers.
“The trend of certain officers being allowed in. court with their firearms and police having unchecked access to Judicial Officers breeds untenable contempt which betrays the distinct place of Judicial Officers. A change is needed, and it is needed now.”
The society has also invited all legal practitioners to join a purple-ribbon campaign starting from Tuesday 18th June 2024, throughout the coming week, as a mark of solidarity with the Judiciary and in honor of Monica Kivuti.
Details of the Shooting
Magistrate Monica Kivuti was fatally shot at the Makadara Law Courts on June 13 by a police officer after she declined a request to release his wife through cash bail.
The accused, identified as Jeniffer Kabiru, was facing charges for obtaining money by false pretense amounting to Ksh2.9 million.
“He entered inside the court through the magistrate’s door and fired shots towards the magistrate injuring her on the chest and left hip,” said CJ Koome in a previous statement.
Following the incident, she was quickly rushed to hospital where she succumbed to her injuries on June 15.
Also Read: Monica Kivuti, Magistrate Shot in Makadara Court Dies
The Law Society’s appeal for a change in the security framework aims to prevent such incidents from occurring in the future.
The Society has urged the Judiciary to take immediate action to ensure the safety and security of Judicial officers and to prevent any further loss of life.
“This must be the beginning of a steep learning curve for all of us to work to improve and enhance the security and safety of officers of the court, without whom our constitutional ambition of access to justice for all will never be met,” noted LSK.
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