Police Service absolves itself in Magistrate Kivuti's gun attack

The National Police Service has absolved itself of blame, saying swift action by its officer de-escalated the shooting incident that claimed the life of Makadara Principal Magistrate Monica Kivuti.

NPS Inspector General of Police Japhet Koome further reiterated measures the service has taken over the years to secure law courts in the country.

"It is worth noting that it was the swift action by the police court orderlies that contained the Makadara shooting incident on that fateful day, including the neutralisation of the perpetrator," said the IG in defence of the service, an hour after President William Ruto ordered that a similar incident be prevented from happening.

IG Koome added that police stations assign protective safety and security duties to the judiciary officers throughout the country. Principal Magistrate Kivuti was shot by a senior police officer inside her courtroom last Thursday and pronounced dead while being treated at the Nairobi Hospital two days later.

Kivuti's death, however, casts a spotlight on the state of the Judiciary Police Unit, established following a request by Chief Justice Martha Koome. The unit's head is tasked with coordinating juniors to protect courts and other judicial buildings.

The IG said the unit that was established to provide comprehensive security to the Judiciary is part of the stringent and long-term measures that the service has taken to enhance efficiency in securing the judiciary staff, adding that he is open to working with stakeholders to further enhance the measures.

The late Makadara Principal Magistrate Monica Kivuti who was shot dead on June 13, 2024. (Photo: Handout)

"Cognizant of the complexity and evolving nature of crime and emerging crimes, the National Police Service remains committed to working with the Judiciary and, indeed, the National Council on Administration of Justice to ensure that the security of judicial staff and court users is enhanced," he said.

Other units that serve the Judiciary include the Critical Infrastructure Protection Unit and the Security of Government Buildings Unit, which "continue to provide security to court buildings, among other critical infrastructure," added the IG.

The death left a deep scar amongst staff at the Judiciary, who, in their reaction to the sad news, vowed to suspend operations between Wednesday and Friday this week to have their grievances addressed.

They called for security protocols in courts to be reviewed and measures upheld to ensure that no one is allowed in the courts to conceal faces in any manner unless on ascertainable medical or security grounds.

"Forthwith, there shall be strict adherence to security 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 authorised by the officer in charge of security at the court, shall be allowed into the court or court station by any user," Justice Stephen Radido, the Kenya Magistrates and Judges Association said on Sunday.

However, the Law Society of Kenya (LSK) opposed the move, with its president, Faith Odhiambo, saying on Monday that a workable solution was found to avoid crippling the provision of court services.

"We are happy to inform litigants and members of the public that our engagements have been positive, and we hope to ensure that courts continue to function to a reasonable degree that allows for access to justice and the right to a fair hearing to prevail," she said.

The society pushed for court processes to continue as grievances raised by the magistrates were addressed.

"We affirm and join in the resolve to reinforce security and the working environment within the justice system, and we call for patience and calm from all litigants as we resolve this matter," she added.

In reaction to LSK's protests, Chief Justice Martha Koome stated that court operations would be suspended on Tuesday, June 18, only. However, as other courts resume operation on Wednesday, Makadara Law Courts will remain shut down for security reassessment.

She added that she spoke with the Inspector General of Police (IG), Japhet Koome, who assured her that security on court premises and for judges and judicial officers nationwide had been enhanced.

Chief Justice Martha Koome. (Photo: File)