Chief Justice Martha Koome.
The Interior ministry has withdrawn Chief Justice Martha Koome’s security detail and cut down the number of officers in the Judiciary Police Unit, triggering tension between the two State institutions.
Justice Koome on Thursday wrote a protest letter to Interior Cabinet Secretary Kipchumba Murkomen and Inspector-General of Police Douglas Kanja, in which she stated that the move translates to Executive interference with the Judiciary contrary to the Constitution’s demands for independence of both arms of government.
In the letter, Judge Koome has urged Mr Murkomen and Mr Kanja to restore her security detail, made up of police officers, unconditionally, and to strengthen the capacity of the Judiciary Police Unit.
“The withdrawal of this security detail is an egregious affront to the principle of separation of powers. Such an action not only weakens trust in public institutions but also sets a perilous precedent, suggesting that key constitutional offices can be undermined through external pressure or retaliation,” CJ Koome said in the letter.
“By exposing the office (of the CJ) to vulnerabilities through withdrawal of security, the ability of the Judiciary to perform its constitutional mandate is gravely compromised.”
CJ Koome held that reduction of officers in the Judiciary Police Unit has exposed court users to danger.
The Judiciary Police Unit was formed in 2021, and is under the National Police Service.
In June, 2024 the chief justice and Law Society of Kenya called for deployment of more officers to the Judiciary Police Unit following the murder of Principal Magistrate Monica Kivuti during an active court session at the Makadara Law Courts.
Ms Kivuti was shot dead by a senior police officer, Londiani police chief Samson Kipruto.
Mr Kipruto was angered by the magistrate’s decision to deny his wife, Jennifer Wairimu, bail in a case before Ms Kivuti.
Officers from the Judiciary Police Unit, who were present shot the officer commanding station, dead as he fired at them.
The LSK called for an autonomous Judiciary Police Unit with presence in all court stations across the country.
In her letter to Mr Murkomen and Mr Kanja, CJ Koome says that the unit needed more officers to enhance security in Judiciary spaces.
“This (withdrawal of Judiciary Police Unit officers) not only exacerbates existing vulnerabilities but also jeopardizes the security of judicial personnel and spaces across the country, thereby undermining the entire justice system’s operational efficacy,” she said.
“Additionally, the capacity of the Judiciary Police Unit must be strengthened, not diminished, to address the pressing need for enhanced judicial security in a rapidly evolving environment and against the precedent of open attack of judges and judicial officers in open court,” CJ Koome added.
It is the second time in four months that security detail of a senior judge has been withdrawn.
In September, High Court judge Lawrence Mugambi’s security detail was withdrawn days after he sentenced acting Inspector-General of Police Gilbert Masengeli to six months in prison for contempt of court.
Mr Masengeli had failed to appear before the judge despite being ordered to do so on seven different occasions, to explain the abduction of three men in Kitengela.
