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Former CJ Willy Mutunga condemns withdrawal of CJ Martha Koome security

Former Chief Justice Dr. Willy Mutunga (right) Human Rights lawyer Maina Kiai (left) address the press at the Muslim for Human Rights (MUHURI) Offices in Mombasa on January 26, 2025. 
 

Photo credit: Kevin Odit | Nation

What you need to know:

  • He dismissed Interior Cabinet Secretary Kipchumba Murkomen's assertion that the Chief Justice is provided with 32 security officers, describing the claim as “a lie.”
  • Dr Mutunga clarified that the Judiciary Police Unit oversees the general security of judicial officers. In contrast, Chief Justice Koome’s security consists of four cars, four drivers, and a team of bodyguards.

Former Chief Justice Willy Mutunga has condemned the recent withdrawal of judiciary security, describing the move as a deliberate attempt to intimidate the courts into submission to the executive.

Speaking during a briefing at the Muslims for Human Rights (Muhuri) offices in Mombasa, where he serves as board chairman, Dr Mutunga on Sunday said the executive’s actions against Chief Justice Martha Koome undermined the independence of the judiciary and the safety of its officers.

“I asked Justice Koome whether the withdrawal was true because Kenya is a country of surprises. She confirmed that there was indeed a withdrawal,” said Dr Mutunga.

He dismissed Interior Cabinet Secretary Kipchumba Murkomen's assertion that the Chief Justice is provided with 32 security officers, describing the claim as “a lie.”

Dr Mutunga clarified that the Judiciary Police Unit oversees the general security of judicial officers. In contrast, Chief Justice Koome’s security consists of four cars, four drivers, and a team of bodyguards.

He argued that the withdrawal of Justice Koome’s security, especially in how it was done, constitutes clear intimidation.

Dr Mutunga stated that if there were promotions, the state could have informed the Chief Justice and reassigned replacements immediately instead of withdrawing the security and justifying it later, which reflects a pattern of using such tactics to bully individuals.

“That is clear intimidation, withdrawing security. It has always been used by the state as intimidation. They did the same to former Deputy President Rigathi Gachagua. I am not a fan of Gachagua, but the Constitution protects the bad, the ugly, and all of us. It is not a small thing that happens, and we don’t raise our voices,” said Dr Mutunga.

Dr Mutunga also expressed concerns about the ever-increasing abductions, extrajudicial killings, and forced disappearances.

“Any government that fails to protect the lives and property of its citizens is illegitimate,” he asserted.

He criticised the government’s failure to respect court orders, noting that disobedience of judicial rulings amounts to the overthrow of the constitution.

“When you look at the oath of office of everybody who works in that government, that is what they asked God to help them respect—the constitution. Disobeying court orders is tantamount to overthrowing the constitution,” he said.

“We are also calling on the judiciary to think through what actions they need to take when their decisions are disobeyed. There have been calls for them not to hear cases involving the government, which are invariably fast-tracked actually,” he added.

Muhuri board member Maina Kiai also condemned the state’s actions, calling for accountability and resistance against rising authoritarianism.

Mr Kiai decried the state’s violent suppression of protests and its apparent attempt to revive a culture of fear reminiscent of the Moi era.

“Even though we agreed that nobody is safe, we must not be intimidated, we must not fear but must resist and do all that we can to challenge those who want to bring back fear. No one is safe, but we shall win because we are more determined,” he said.

He said that it is concerning that two years into the Kenya Kwanza regime, one is utterly frustrated and disappointed that a regime can be so callous, cruel, and bitter with its people when called to be accountable.

“When young people go and demonstrate, whether you like it, agree with it or not, the right to protest is a right. We do not have to agree with what they are protesting about,” he said.

Prof Hassan Mwakimako, a Muhuri board member, expressed concern over police killings of youths, particularly those labelled as “Panga Boys” in the guise of combating crime.

“If these young people are criminals, they should be arrested and brought to court. Extrajudicial killings are unconstitutional and must stop immediately,” he said.

The trio also called for the release of 12 human rights defenders who were arrested on Saturday in Mombasa while holding a peaceful vigil to honour young Kenyans killed during demonstrations last year.

The vigil, held at the Uhuru Garden within the CBD was disrupted by police who detained the activists.