Law Society of Kenya has condemned the withdrawal of Chief Justice Martha Koome’s security details as she claimed yesterday in a letter addressed to Interior Cabinet Secretary Kipchumba Murkomen.
In a press briefing on Friday in Nairobi LSK President Faith Odhiambo said the action infringe on the independence of the Judiciary and an attempt to coerce it to operate as an appendage of the Executive against constitution, terming it unfortunate and acceptable
She said the decision by the National Police Service also points at coordinated efforts to weaken the Judiciary Police Unit.
“Whether by omission or commission, the said situation is unacceptable and indicates grave systemic and administrative lapses within the National Police Service,” she said.
She added: “This mistaken perception that the Judiciary is subordinate to the other arms of government is a historic bastardisation of the Principle of separation of powers, which must be deconstructed.”
On Tuesday, Justice Koome wrote to CS Murkomen and Inspector General (IG) of Police Douglas Kanja, expressing concerns over recalling of her security and downsizing of the Judiciary Police Unit, describing the action as intimidation tactic.
“This action sets a dangerous precedent, where constitutional offices can be undermined through external pressure,” said Koome.
She called for immediate restoration of her security detail even as she maintained that the judicial independence is vital to safeguarding constitutional democracy, stating that “no amount of intimidation will deter us from fulfilling our constitutional mandate.”
NPS has since dismissed the claims by CJ Koome, saying “officers have been recalled to attend their promotional courses.”
However, Odhiambo criticised the explanation by NPS statement, noting that decisions concerning such an important office cannot be handled in a casual manner that raises questions on the competence level of the police service.
“We are apprehensive that against the backdrop of the recent unsettling clueless feigned by the NPS on crucial matters of national security and human rights, the lapse alluded to by the IG, if genuine, raises serious questions on the capacity and competence of the police to safeguard the people of Kenya and fulfill their mandate,” said Odhiambo.
