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The Law Society of Kenya (LSK) has strongly condemned the withdrawal of Chief Justice Martha Koome’s security detail by the National Police Service (NPS), terming the move as unacceptable and a threat to judicial independence.
Addressing the press on Friday in Nairobi, LSK President Faith Odhiambo noted that the Chief Justice had written to the Cabinet Secretary for Interior and the Inspector General of Police to express her concerns regarding the withdrawal and the apparent weakening of the Judiciary Police Unit.
The LSK highlighted the constitutional mandate of the National Police Service to serve all institutions impartially, warning against its tendency to operate as an extension of the Executive.
“The inveterate habit of the NPS giving undue credence to the superiority of the Executive over the Judiciary is an unacceptable relic,” the statement read.
According to the LSK, the Constitution of Kenya, 2010, establishes three co-equal arms of government—Executive, Legislature, and Judiciary—designed to maintain checks and balances. Any action suggesting that the Judiciary is subordinate to other arms undermines the principle of separation of powers.
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“Whether by omission or commission, this situation indicates grave systemic and administrative lapses within the NPS. The security of an office as critical as that of the Chief Justice is not a casual matter that can be subjected to afterthoughts or lapses in communication,” said Ms. Odhiambo.
The LSK also raised concerns about what it termed a “perceivable trend” of using sporadic security withdrawals to intimidate judges, adding that such actions jeopardize the administration of justice and the rule of law.
“This, coupled with the weakening of the Judiciary Police Unit, is an affront to judicial independence. Considering the recent attacks on judicial officers, this combination of errors appears deliberate and insidious,” the LSK noted.
The society called on the Inspector General of Police to rectify the situation immediately and take measures to ensure the security of the Judiciary. It further warned that any failure to safeguard the Judiciary’s independence would erode public trust in governance and constitutionalism.
“Our constitutional democracy is dependent on a fully functional and unconstrained Judiciary. The LSK will continue to defend judicial independence against all forms of interference,” the statement concluded.
Efforts to obtain additional comments from the Interior Ministry and the National Police Service on the issue were unsuccessful by the time of publication.