Chief Justice Koome bans use of makeshifts structures as courtrooms

Chief Justice Martha Koome, on Monday, June 17, announced the end of rendering judicial services in makeshift structures.

Judges and magistrates used the structures as alternative courtrooms due to inadequate infrastructure. However, the fatal shooting of Magistrate Monica Kivuti at the Makadara Law Courts last Thursday has necessitated the Judiciary terminating the services.

"Going forward, judicial services will no longer be rendered in makeshift structures," Koome declared.

The Chief Justice gave the directive following the fatal shooting of the late Principal Magistrate Monica Kivuti in one of the makeshift structures last Thursday.

In the communiqué, CJ Koome further said that the judiciary has made several attempts to request sufficient resource allocation to upgrade court facilities to standards that would guarantee efficient and safe execution of judicial duties. However, the request hasn't been fulfilled yet.

She said the Executive and Parliament have yet to respond to her requests.

Recce Squad officers guard the Makadara Law Courts in Nairobi on June 13, 2024, following the shooting of Principal Magistrate Monica Kivuti. (Photo: Joseph Ndunda/EV)

"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," Koome added.

Judges, judicial officers, and staff will continue to utilise virtual courts and secure permanent courts to disseminate justice.

Meanwhile, the CJ eulogised Kivuti as a gallant officer who died protecting the rule of law, holding court in a tent, and over a lunch hour.

"The best way we can honour her commitment is by continuing to provide services in adherence to the Constitution and the rule of law. Any lapse that might lead to lawlessness and anarchy would be contrary to what Hon. Kivuti stood for," she stated.

"We are committed to honouring her dedication to justice by following her example. Consequently, courts nationwide will proceed with their operations on Wednesday, June 19; Thursday, June 20; and Friday, June 21, except for Makadara Law Courts, which is under re-evaluation for security purposes," she added.

Court operations were suspended on Tuesday, June 18, to mourn the tragic death of Principal Magistrate Kivuti, who was shot by Chief Inspector Samson Kipchirchir Kipruto, the OCS Londiani Police Station in Kericho, who was protesting the cancellation of a bond for his ill wife, accused of acquiring money by false pretence.

In her statement, the CJ emphasised that the Judiciary continues to mourn the loss of Kivuti and that the entire institution, including judges, judicial officers, and staff, feels profound sorrow over the unjustified killing.

At the same time, the CJ said she had consulted 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.

Additionally, she said the judiciary will continue to engage internally and with other relevant government agencies and stakeholders to comprehensively address identified security gaps.

The Chief Registrar of the Judiciary, as revealed by the Chief Justice, will issue a report on the state of infrastructure and security, detailing the resources needed to address persistent challenges.

This report, according to Koome, will guide the Judiciary’s actions to remedy the identified gaps and challenges.

“I call upon all judges, judicial officers, and staff to remain calm during this difficult time of mourning,” she added.

Going further, the CJ stated that Kivuti’s death, as she died in the line of duty, would not be in vain.

“The best way we can honour her commitment is by continuing to provide services in adherence to the Constitution and the rule of law. We are committed to honouring her dedication to justice by following her example,” Koome noted.

She added that any lapse might lead to lawlessness and anarchy, which would be contrary to what the late Kivuti stood for.

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