Masks off, hoodies off! Judicial officers want suspects, court users to be barred from concealing faces

The Kenya Magistrates and Judges Association (KMJA) and Kenya Judiciary Staff Association (KJSA) have raised concerns about the safety of judicial officers in their line of duty.

In a joint statement, the jurists said that following the unfortunate shooting of Justice Monica Kivuti while hearing a case at Nairobi's Makadara Courts, there needs to be prudent measures that ensure the safety of judges.

Kivuti was shot in the chest and pelvic area by Chief Inspector Samson Kipchirchir Kipruto, the OCS of Londiani police station. She later succumbed to injuries at Nairobi Hospital. 

They further called on the government to act aptly on their requests to ensure that the safety of judical officers is safeguarded.

"The Judiciary as an employer must strive to ensure a safe and secure workspace for all its employees, judges, magistrates, kadhis, adjudicators and staff," read a statement in part.

" It needs no gainsaying that the organs of government which should be facilitating the judiciary to ensure a safe and secure workspace have failed."

They therefore recommended that forthwith, 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.

They added that no proceedings shall be conducted only if there is the provision of armed officers in court.

"That there is no court user who shall be allowed in the court premises while in any form of concealment of faces by whatever manner, unless on ascertainable medical or security grounds," they added.

That forthwith the members of the KMJA and the KJSA shall only conduct Judicial Proceedings from professionally approved buildings.

That forthwith, in any case, the Judges’, Magistrates’ and Kadhis’ designated private chambers, shall not be used for conducting the would be open court Judicial Proceedings.

That forthwith, there be strict adherence to security check 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 authorized by the officer in charge of security of the Court, shall be allowed into the court or Court station by any Court User.

They also announced the stoppage of all judicial services from June 19-24 2024 and that the suspension will be subject to review "if circumstances dictate by inaction".

The recommendation to prevent wearing masks and hoddies in court premises was also floated by Inspector General of Police Japhet Koome who called for a total banning.

Koome said that suspects need to go through humiliation by letting their full face be seen by everyone to discourage others who might potentially get into the activities the suspects are accused of.

“We have allowed suspects to wear face masks in court for too long now; they are wearing masks, large goggles and hoodies such that you cannot see their faces. We have to rethink these things,” the police boss said in Mombasa during the Coast Region Conference on Ending Illicit Brews and Drugs Abuse.