Johannesburg/Kampala
24 January 2025
The Africa Judges and Jurists Forum (AJJF) has today requested the President of Kenya to immediately reinstate the security team from the Judiciary Police Unit deployed to protect Lady Chief Justice Martha Koome.
“Protecting the Chief Justice, members of the Judiciary, lawyers and court users is a condition precedent for preserving separation of powers and guaranteeing independence and impartiality of the judiciary” said retired Chief Justice Nyirenda of Malawi, a member of the AJJF Judicial Elders Council (AJJF JEC). “We are all too familiar with how public confidence in the judiciary and the justice sector can be eroded if the impression is created that when the Executive is unhappy about judicial decisions, they can arm twist the judiciary by withdrawing the security for judges, court officials, lawyers and court users” added Ret Chief Justice Nyirenda.
The AJJF learnt that on 23 January 2025, the Kenyan Executive had unilaterally withdrawn the security for Lady Chief Justice Martha Koome in as yet unclear circumstances. The withdrawal of the security for the Chief Justice seems to be part of a wider pattern of gradually weakening the security of judicial officers, court officials, lawyers and court users as the Kenyan Judiciary has noticed a weakening of the Judiciary Police Unit by withdrawal of a sizable number of its officers. The Judiciary Police Unit of Kenya is the one that offers frontline protection for the judiciary, court officials, lawyers and court users. With the withdrawal of security for the Chief Justice and the weakening of the Judiciary Police Unit, a condition of significant exposure to vulnerability has been created for all judges, court personnel and court users. Sadly, security for judges, court users at the courts and away from the courts can no longer be assured in Kenya.
“There cannot be an independent and impartial judiciary when the State takes deliberate action to expose the Chief Justice, the judiciary, lawyers and court users to security threats linked to the execution of their mandate as adjudicators of disputes and protectors and guarantors of the constitution and separation of powers” said Retired Chief Justice Sakala of Zambia also a member of the AJJF EC. “The conduct of withdrawing the security for the Chief Justice is such a fundamental decision that it is both a threat and an attack of incalculable proportion to the rule of law and independence of the judiciary. What confidence in the judicial process and the rule of law can the public have when the impression is created that the judiciary can be easily bullied and exposed to insecurity by the Executive or organs that operate under the Executive oversight” added Retired Chief Justice Sakala.
Kenya is a signatory to many international and regional instruments that bind it to establish independent and impartial tribunals to arbitrate over disputes in a manner consistent with the right to fair trial. Some of the instruments include the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and Peoples Rights (ACHPR). The United Nations Basic Principles on Judicial Independence require judiciary to decide matters impartially, based on facts and the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. The Grand Bay (Mauritius) Declaration and Plan of Action elaborating state duties as per the African Charter recognises that an independent, open, accessible, and impartial judiciary guarantees adherence to the rule of law, democracy, and human rights. The Kenyan constitution also establishes an independent judiciary in unequivocal terms emphasizing that judicial independence is essential to the principle of separation of powers and a pre-requisite of the right to a fair trial.
“We therefore call upon the Executive, the National Police Service and other appropriate key organs of the state that oversee the protection of the Chief Justice and judges, judicial officers, lawyers and court users to immediately reinstate the Security of the Chief Justice forthwith and to embark on a plan to strengthen the Judiciary Police Unit” said Retired Chief Justice Mohammed Othman Chande another member of the AJJF Judicial Elders Council. “A strong, independent, impartial and secure judiciary is necessary to maintain and strengthen Kenya’s position as a leading democracy in Africa. As the AJJF JEC, we are at the disposal of all parties in Kenya to help resolve any impasse on this fundamental constitutional issue of separation of powers and the roles and responsibilities of the various key actors” concluded Retired Chief Justice Chande.
For more information please contact Mr Martin Okumu-Masiga, the AJJF Secretary General by email okumu-masiga@africajurists.org