Court operations are set to be paralysed in the coming week as judges, magistrates and judicial staffers withdraw services in protest of the killing of magistrate Monica Kivuti.
But the Law Society of Kenya has protested the move and termed it unconstitutional. President Faith Odhiambo said Kenyans have a right to access justice and asked the courts to make sure operations go on smoothly.
“There should be even virtual hearings even as we mourn this incident,” she said.
The judges, magistrates and judiciary staff members gathered at the doorstep of justice in Nairobi’s Milimani courts on Sunday to mourn the incident.
“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 the close of less than one metre, scold her for the ruling she had delivered, before pulling the trigger and aimed at her vitals,” said Stephen Radido, president of the Kenya Judges and Magistrates Association (KJMA).
She had four bullets lodged in her body.
KJMA is demanding a better working environment that includes both the physical infrastructure and the working environment.
They faulted the government for not ensuring this happens, and the result has been the endangering of the lives of those who serve in this sector.
“The organs of government which should be facilitating the judiciary to ensure a safe and secure workspace have failed,” said Radido.
In a bid to push for the enhancement of their safety and security and to stand in solidarity with the family of the deceased, they will be staying away from work.
“Members of the KMJA and KJSA; being the judges, magistrates, Kadhis, registrars, deputy registrars, and judicial staff will stop providing services from the 19th day of June 2024 to the 21st day of June 2024, both days inclusive,” said the KJMA president.
And when they return to work, they say they will also expect a raft of changes to keep them safe, including the prohibition of firearms in the courtrooms unless sanctioned by the courts.
They will also not allow any court users to appear in court while concealing their identities.
“Members of the KMJA and the KJSA shall not conduct any Judicial Proceedings in the open air whether under a tent, container, any makeshift structure or otherwise,” Radido added.
The judicial officers say the government must act quickly to reassure them that not only are they safe, but that the rule of law will be respected and implemented fully.
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