The wheels of justice will grind to a halt this week after judges, magistrates and Kadhis announced they will not work from Wednesday, June 19, to Friday, June 21, 2024, to protest ‘poor working conditions’.
Their announcement came just hours after Chief Justice Martha Koome announced that the courts would be closed tomorrow (Tuesday) to mourn the death of Principal Magistrate Monica Kivuti, who succumbed to gunshot wounds inflicted by a police officer at the Makadara Law Courts last Thursday.
After the court shooting incident, magistrate Kivuti was rushed to Metropolitan Hospital and later transferred to Nairobi Hospital, where she passed away on Saturday morning.
This means there will be no court services throughout the country for the entire week as today (Monday) is a public holiday.
Speaking at a press conference at the Milimani Law Courts on Sunday, the Kenya Magistrates and Judges Association (KMJA) and the Kenya Judicial Staff Association (KJSA) said their three-day protest would be reviewed for extension if they did not see any change.
“The members of KMJA and KJSA will cease to provide services from June 19 to June 21, both days inclusive. Henceforth, members of these associations shall not conduct any court proceedings in the open air, whether under a tent, container or any other makeshift structure,” said Justice Stephen Radido, president of KMJA.
They regretted that the numerous cases of attacks on judicial officers would not have occurred if their demands for security and welfare had been addressed.
At the same time, the Judicial Service Commission (JSC) has postponed interviews for Court of Appeal judges, originally scheduled for this week, in honour of the late magistrate.
The Chief Registrar Winfridah Mokaya said Kivuti was known for her unwavering commitment to upholding the rule of law and dedication to ensuring justice for all.
“In solidarity with the Judiciary to mourn and honour the life and service of the late magistrate, the JSC has postponed the interviews for the position of Judge of the Court of Appeal scheduled for June 18 to June to 21, 2024. We regret any inconvenience caused,” said Ms Mokaya.
For members of KMJA and KJSA, the least the government can do for its citizens is to ensure their safety. However, the aggrieved judges and magistrates said the judiciary was dependent on resources provided by other arms of government.
"There is no gainsaying the fact that the organs of government that should be facilitating the Judiciary to ensure a safe and secure working environment have failed," said Justice Radido.
While the Executive and the Legislature have failed to ensure that the judiciary is well funded, the KMJA said the judiciary itself must introspect and evaluate the steps it has taken to secure its personnel with the meagre resources it is usually allocated.
Justice Radido expressed concern on the increasing number of attacks on judges and judicial officers.
In January, there was panic at the Mombasa Law Courts after a suspect snatched a gun from a police officer and threatened to shoot those who were inside the courtroom. Fortunately, the gun jammed.
In 2018, a magistrate was attacked and severely stabbed with a screwdriver by a litigant who was unhappy with a ruling at the Nakuru Law Courts.
"Judges, magistrates, kadhis and judicial staff have been stalked, spied on, accosted, their children abducted, their relatives threatened, their homes broken into and other despicable acts perpetrated against them on numerous occasions simply because of the work they do," Mr Radido said.
These attacks, the KMJA says, pose a serious threat to the rule of law and the administration of justice. Unfortunately, their recommendations on how to address some of these issues have not been acted upon or implemented.
It is this inaction on their pleas, the judges and magistrates said, that has prompted them to take decisive action that may force those responsible for their working affairs to take action.
"The members of the KMJA and KJSA will cease to provide services from 19 June 2024 to 21 June 2024, both days inclusive. Henceforth, members of these associations shall not conduct any court proceedings in the open air, whether under a tent, container or any other makeshift structure," said Judge Radido.
From now on, members of the two associations will only conduct their work in professionally approved buildings.
In addition, the private chambers designated for judges, magistrates and kadhis will not be used to conduct open court proceedings.
"There must 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 court officer, approved by the court security officer, shall be allowed into the court or court station by any court user," Judge Radido said.
Members of the KMJA and KJSA shall not conduct any court proceedings unless they are satisfied that armed security is available in the courts.
In addition, no court user will be allowed to enter the court premises while wearing any form of face cover, unless there is an identifiable medical or security reason.
The actions, the associations said, are intended to give the Judicial Service Commission, the Salaries and Remuneration Commission, Parliament, the executive and the national security organs time to consider the very basic demands of their members regarding the provision of security and transport for all judicial officers.
Only positive and deliberate steps to promote the independence of the judiciary will be accepted, with the associations warning that any cosmetic knee-jerk reactions are unwelcome.
"We call on our members to remain in place and assure them that the judiciary will indeed remain our shield and defender," concluded Justice Radido.
