LSK opposes suspension of judicial services over Magistrate Kivuti killing
The
Law Society of Kenya (LSK) has opposed the move by judges, magistrates and
judicial staffers to withdraw services this week in protest of Magistrate
Monica Kivuti's shooting by a police officer at Makadara law courts on
Thursday.
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.
She
was announced dead on Saturday.
As a
result, the Kenya Judges and Magistrates Association (KJMA) on Sunday announced
that they will abandon work from June 19 to June 21 to demand a better working
environment.
But
LSK President Faith Odhiambo in a Citizen TV interview later in the evening
said the move 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, 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.”
The
lawyers’ body’s president called for a “tampering down” of the judges,
magistrates, Kadhis, registrars, deputy registrars, and judicial staff protest,
saying their services are essential.
“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
added: “Our members at the Judicial Service Commission, security forces and the
ministry need to sit and commit to at least proceeding of some basic court
services; even if it is virtual hearings like what was happening during the
Covid-19 pandemic.”
‘NO
FIREARMS IN COURT’
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 added.
In
Thursday’s incident, 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 accused of obtaining money amounting to Ksh.2.9
million by false pretence.
A court
orderly 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.
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