Former Law Society of Kenya President Nelson Havi criticised the Kenya Association of Judges and Magistrates for vowing to down their tools between June 19 and June 21 to mourn their colleague Monica Kivuti who was fatally shot at Makadara Law Courts.
In a critical letter shared on Monday, the lawyer argued that the demand by judges and magistrates was not related to the issue at hand noting that a majority of the cases were handled online.
He further called on the Chief Justice, Martha Koome, alongside other stakeholders to commission investigations into the incident claiming that the accused who was denied bond had been presented in court while on life support.
Havi explained that the accused, who was the wife of the deceased police officer who fired the fatal shot at the magistrate, was also in palliative care battling cancer.
"An inquiry must be undertaken by the JSC, the Director of Public Prosecutions, and the National Police Service to establish the circumstances under which the Honourable Magistrate is alleged to have cancelled the bond of an accused person we understand was undergoing palliative care for cancer, and is said to have been brought to Court on life support equipment," he demanded.
"If that is the case, that was an inconsiderate, inhumane, and injudicious act by the Honourable Magistrate," he added.
"Sad as it may be, this is the difficult question that must be asked and answered without skirting around in the manner intended by statements from the Chief Justice, KMJA, and KJSA. And it must be so, now that the assailant policeman is dead and unavailable for his side of the story or retribution."
Kenyans.co.ke, however, could not independently verify any of the claims above
Havi also took issue with Koome's decision to declare Tuesday, June 18, a mourning day and subsequently directing all courts to remain closed, hinting that the resultant backlog could be immense.
Over the weekend, Koome faced off with the magistrates association arguing that if they down tools as announced, it would create anarchy in the Judiciary.
The magistrates and judges, however, insist that they will be off duty until Friday as a clarion call to the government to ensure their safety while discharging their duties.
“The national council, the Kenya Association of Judges and Magistrates, and the leadership of the Kenya Judicial Staff Association met and made the following resolutions: the members of both associations will stop providing services from June 19 and June 21, 2024," stated the judges.
Monica Kivuti, a senior magistrate at the Makadara Law Courts was shot by a senior police officer aggrieved by her ruling against his wife and succumbed to her injuries on Friday night.
The magistrate had cancelled a bond for the accused person when the officer suddenly walked into the courtroom and opened fire.
