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LSK faults CJ Koome over court shutdown order after magistrate's killing

LSK President Faith Odhiambo (centre) addresses the media during a past press briefing. (Photo: Faith Odhiambo/X)

By Barack Oduor | Monday, June 17, 2024

The Kenya Judges and Magistrates Association (KJMA) announced that they will not work from June 19 to June 21, 2024, in protest over ‘poor working conditions’.

The Law Society of Kenya (LSK) has faulted Chief Justice Martha Koome following her decision to shut down courts following Magistrate Monica Kivuti's fatal shooting by a police officer at Makadara law courts last Wednesday.

Kivuti was shot in the chest and pelvic area by Chief Inspector Samson Kipchirchir Kipruto, the OCS of Londiani police station, during a court session and later succumbed to her injuries on Saturday.

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Following the development, the Kenya Judges and Magistrates Association (KJMA) on Sunday announced that they will not work from June 19 to June 21, 2024, in protest over ‘poor working conditions’.

But LSK President Faith Odhiambo on Monday told The Eastleigh Voice that the move by magistrates and judges is unconstitutional.

"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.

Odhiambo was referring to Koome's announcement following Kivuti's death on Saturday that Tuesday, June 18, would be a day of mourning for the entire Judiciary.

"As the Law Society, we said we 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."

Services disruption

The LSK boss said the services of the judges, magistrates, Kadhis, registrars, deputy registrars, and judicial staff are essential, and therefore court users will suffer during the protest period.

"Insecurity to members of the bench is insecurity to members of the bar and the public as well. But we need to tamper it down with regard to essential services," said Odhiambo.

She suggested even turning to virtual hearings, just like in the COVID-19 pandemic period, instead of shutting down all court services.

KJMA president Stephen Radido on Sunday said upon return to work, they want several safety measures implemented, such as the prohibition of firearms in courtrooms unless sanctioned by the courts.

They will also not allow any court users to appear in court while concealing their identities, he said. "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, container, any makeshift structure or otherwise," Radido said.

In the incident that led to the late magistrate's shooting, Chief Inspector Kipruto forcibly entered the courtroom and opened fire at Magistrate Kivuti after the court determined that his wife be remanded for violating her bond terms, police said.

Kipruto's wife, Jenniffer Wairimu, was in court after being accused of obtaining money amounting to Sh2.9 million by false pretence.

A court official and two other officers who attempted to remove the magistrate from the scene and secure the courtroom also sustained gunshot wounds. The OCS was shot dead by officers who responded to the incident.