Johannesburg, Kampala– 14th/June/2024.
Africa Judges and Jurists Forum joins the Office of the Chief Justice of Kenya and others, to unequivocally condemn the abhorrent and reprehensible act of violence perpetrated against Principal Magistrate Monica Kivuti of the Republic of Kenya. The attack, which occurred in the Makadara Law Courts during an open court session, represents a blatant assault on the independence and integrity of the judiciary.
During the court session, the Judicial officer issued a ruling canceling the bond of an accused person who had violated the bond terms by jumping bail and failing to provide satisfactory reasons for doing so. Immediately after this decision was pronounced, a senior police officer and husband of the accused, shot at the Magistrate, injuring her in the hip and chest
It is important to note, that, the judiciary plays a crucial role in upholding the rule of law, protecting human rights, and ensuring justice is served. An attack on a judicial officer is not only an attack on an individual but an assault on the very foundations of any democratic society.
Article 19 of the Bill of Rights under the Kenyan constitution guarantees the protection of human rights and fundamental freedoms in order to preserve the dignity of individuals. Article 26 of the African Charter on Human and Peoples’ Rights obligates states to guarantee the independence of the Courts and allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of rights and freedoms. Further, Principle 1 of the United Nations Basic Principles on the Independence of the Judiciary state that “it is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.” Attacks on judges and judicial officers are direct violations of these principles and must be met with strong condemnation and decisive action.
We extend our deepest sympathies and solidarity to Magistrate Monica Kivuti, her family and the judiciary of Kenya during this traumatic time. We also express our unwavering support to all judicial officers in Kenya and in Africa who continue to perform their duties with dedication and courage despite the threats and challenges they face.
As a strategic partner of the Kenyan Judiciary and a continental network of Judges and Jurists who are committed to promoting rule of law and development, AJJF joins the Office of the Chief
Justice of the Republic of Kenya, in calling for the government to review and enhance security measures in order to ensure the security of judicial officers and that such acts do not reoccur in the future.
For more information:
Martin Okumu-Masiga, Secretary General of AJJF, email: okumu-masiga@africajurists.org, mobile: +256 753 954 308, Twitter: @mokumas
Dr. Justice Alfred Mavedzenge, Programs Director, email: justice- mavedzenge@africajurists.org, mobile: +27 79 388 9990, Twitter: @Dr_JAMavedzenge
Elizabeth Oriakhogba, Legal Advisor, AJJF, email: elizabeth.oriakhogba@africajurists.org,
mobile: +234 813 128 8602, Twitter: @Leezy_O