Chief Justice Martha Koome’s security detail which was Friday reinstated following a public outcry.
The security had been withdrawn on Thursday with authorities saying the affected personnel were recalled for training.
Kenya Magistrates and Judges Association (KMJA) President Justice Stephen Radido said Friday that the officers had been re-attached to the CJ.
He condemned the initial move by the National Police Service (NPS).
Justice Radido poked holes into Inspector General of Police Douglas Kanja’s explanation of recalling the officers for training and promotion, saying he ought to have followed due process and even informed the CJ earlier.
“Unknown to the Judiciary and its leadership, the National Police Service was in the process of recalling the security detail/close escort(s) attached to the Chief Justice and President of the Supreme Court of Kenya.”
“The detail/close escort(s) were eventually recalled under the guise that it was their turn to undergo promotional training (we are aware that the detail/close escorts deployed to the Honourable Chief Justice have been reinstated after a formal complaint was made to various high-level officers),” he said.
“How can the police command explain the withdrawal of the police officers deployed to the Judiciary and its members without prior consultations, communication or notice?”
Terming the initial move as ‘unilateral and arbitrary’, Justice Radido faulted the NPS leadership reiterating that it amounted to intimidation tactics, presumably to influence the independence of the judicial arm of government.
“From these events, the Executive Council believes that there are people within our society who are keen to reinvent and use McCarthyism tactics to intimidate, and coerce Judges and Magistrates and with an end goal of a weakened judiciary,” stated Justice Radido.
“It is disheartening that in addition to the McCarthyism tactics deployed by certain members of the society, the National Police Service has now resorted to Gestapo-like practices while discharging its obligations to the Judiciary and its members.”
Citing the redeployment of the Commandant of the Judiciary Police Unit and 23 officers deployed to the squad, KMJA stated that it believes the police are being used to undermine the Judiciary.
“In the past few days, the Commandant of the Judiciary Police Unit and 23 Officers deployed to the Unit have been recalled and or redeployed, exposing the institution’s security.
The Commandant and officers have not been replaced,” added Justice Radido.
“The decision by the command of the National Police Service has all the hallmarks of a head-on retributive attack on the Judiciary, for reasons hidden in plain sight.”
He told police to adhere to the rule of law in administering their functions to protect institutions and their heads.
CJ Koome accused the government, through the Ministry of Interior, of withdrawing her security detail on Thursday evening.
“I express profound concern over the withdrawal of security for the Chief Justice – an act that undermines judicial independence, threatens institutional integrity and endangers democratic progress,” Koome said then.
“State organs are entrusted with the solemn duty of serving the public using resources provided by taxpayers.
This obligation demands that no institution or officeholder be subjected to intimidation, coercion, or undue interference by another arm of government.”
Kanja said the officers were either sent for promotion or procedurally transferred to other stations.
The IG said other officers had been reassigned to the Chief Justice as those who left prepare to start their promotional courses.
Kanja said there was poor coordination that led to the officers assigned to the Chief Justice leaving before the new ones arrived, causing the deployment gap.
Koome in a statement described the move by the IG as an attack on the Judiciary and the office of the Chief Justice.
Koome made the claim in a letter on Thursday addressed to Interior Cabinet Secretary Kipchumba Murkomen and Police IG Douglas Kanja, expressing profound concern over the development.
According to Koome, the decision is not only an insult to the Judiciary’s independence but also poses a threat to the safety of judicial officers across the country.
“I express profound concern over the withdrawal of security for the Chief Justice an act that undermines judicial independence, threatens institutional integrity and endangers democratic progress,” Koome said in the letter seen by Citizen Digital.
“State organs are entrusted with the solemn duty of serving the public using resources provided by taxpayers.
This obligation demands that no institution or office holder be subjected to intimidation, coercion, or undue interference by another arm of government.”
Further, Koome highlighted that security for her office was not a personal privilege, but a structural necessity that ensures the Judiciary functions autonomously and without fear.
“It (security) serves as an institutional safeguard to protect judicial officers, premises, and processes from any threats that could impair the administration of justice.
The withdrawal of this security detail is an egregious affront to the principle of separation of powers,” said Koome.
“Judicial independence is the cornerstone of a functional democracy.
It ensures that the Judiciary can act impartially, apply the law equitably, and hold other arms of government accountable without succumbing to external influence.”
Additionally, Koome stated that the Interior Ministry has also reduced the number of officers attached to the Judiciary Police Unit, a specialized branch of the National Police Service (NPS) formed in 2021 to provide security and protective services to judicial officers.
“The Judiciary is gravely concerned about the weakening of the Judiciary Police Unit, a critical component of judicial security.
Rather than bong bolstered to meet growing demands, its capacity has been diminished by the withdrawal of a significant number of officers,” she said.
“This not only exacerbates existing vulnerabilities but also jeopardizes the safety of judicial personnel and spaces across the country, thereby undermining the entire judicial system’s operational efficacy”.
CCTV Footage Reveals Arrest And Dragging Of Grace Njoki Mulei From Ladnan Hospital In Eastleigh
