A complete paralysis is expected to play out in the Judiciary after Judges, Magistrates, Kadhis and other judicial officers resolved not conduct any court proceedings from Wednesday to Friday following the killing of Makadara Principal Magistrate Monica Kivuti.
However, although the Law Society of Kenya (LSK) expressed solidarity in mourning Kivuti, they opposed the move that is likely to paralyse court operations, derail cases, create backlog of matters to be dispensed and cause congestion in police cells.
The Executive Council, National Council of the Kenya Magistrates and Judges Association (KMJA), and the leadership of the Kenya Judges Welfare Association and Kenya Judiciary Staff Association yesterday also resolved that forthwith, they will not conduct any judicial proceedings in the open air whether under a tent, container, any makeshift structure or otherwise.
Justice Stephen Radido, the president of KMJA, said the closure of courts was however subject to review for extension if circumstances dictate by inaction.
“Forthwith, the members of the KMJA and the KJSA shall only conduct Judicial Proceedings from professionally approved buildings, and the Judges’, Magistrates’ and Kadhis’ designated private chambers shall not be used for conducting the would be open court Judicial Proceedings,” Justice Radido and the president of Kenya Judicial Staff Association Boru Wako said.
“As the legal fraternity, we are totally in agreement with the Chief Justice’s directive that Tuesday would be a day of mourning for the entire Judiciary,” she said, referring to Martha Koome’s announcement following Kivuti’s death on Saturday that Tuesday, June 18, will be a day of mourning for the entire Judiciary. 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.” LSK President Faith Odhiambo said during an interview with Citizen TV.
LSK also termed the move as unconstitutional.
The officials also said there will be strict adherence to security check protocols and no object unrelated to the business of the court, or firearm other than that held by a designated officer of the court as shall be authorized by the officer in-charge of security of the court, shall be allowed into the court.
They further said members of KMJA and the KJSA shall only conduct their proceedings after ascertainment that there is provision of armed security in the courts.
To further ensure their security, no person will be allowed in court while in any form of concealment of faces by whatever manner, unless on ascertainable medical or security grounds.
Magistrate Kivuti was shot by the Londiani OCS Chief Inspector Samson Kiphirchir Kipruto and sustained serious injuries, which she later succumbed to.
“She was killed in the course of her work, at the workplace. She was killed by a public officer who must have been aware of the processes within the administration of the justice sector.” Justice Radido added.
Justice Radido said the deceased Magistrate was seated in a makeshift dilapidated tent that ‘those responsible for giving her a decent, safe and deserving alter of justice, had availed her.’
“The late Hon Kivuti had just delivered a ruling that caused the trigger-happy senior police officer to majestically and unfettered, walk towards her, draw a gun at her at close of less than one metre, scold her for the ruling she had delivered, be- fore pulling the trigger and aimed at her vitals. Four bullets lodged in her body,” Justice Radido added.
The KMJA president decried the pathetic conditions under which some judicial officers were operating saying that though one of the primary roles of a government is to ensure the safety and security of all citizens, an employer equally has a cardinal duty to provide a safe and secure workplace environment.
“The duty has been recognised in the Occupational Safety and Health Act. The obligation includes employers in the public service. The Judiciary as an employer must strive to ensure a safe and secure work space for all its employees, judges, magistrates, kadhis, adjudicators and staff.” They resolved.
“It needs no gainsaying that the organs of government which should be facilitating the judiciary to ensure a safe and secure work space have failed. But we cannot blame the other organs without introspecting on the steps we have taken as a judiciary within the meagre resources we have to secure our staff.” They added.
The associations also revealed that at- tacks against judges and judicial officers have been witnessed in the past.
Earlier this year at the Mombasa Law Courts, an accused person snatched a gun from a police officer and made an attempt to shoot a magistrate.
The magistrate was, however, saved when the firearm jammed.
