Former Law Society of Kenya (LSK) President Nelson Havi has strongly criticised Chief Justice Martha Koome’s decision to close courts for a day to mourn Magistrate Monica Kivuti, who was tragically shot dead last week. Havi raised five important points about this decision and its wider effects on the judiciary.
Firstly, Havi argued that courts should never be closed, even for a single day. He said that Koome’s decision to close the courts was wrong, stressing that the judiciary must provide continuous service. According to him, closing the courts even for a moment means millions of Kenyans would not get the justice they are entitled to under the law.
Secondly, Havi called for judges and magistrates to be held accountable. He urged an investigation into why Kivuti decided to deny bail to the suspect’s wife, who was on a life support machine at the time. He also highlighted corruption issues related to bonds and bail, where the powerful secure their freedom while the weak are denied. He suggested that Kivuti’s decision, influenced by the victim being on life support, needed to be examined closely.
Nelson Havi gestures during a past media presser
Thirdly, Havi opposed the idea of deploying an elite squad to guard court premises. He argued that Kivuti’s case was not about general insecurity but involved a police officer. Havi suggested that better-trained officers should handle violence within court premises without making situations worse.
Fourthly, Havi criticised the Kenya Magistrates and Judges Association (KMJA) and Kenya Judicial Staff Association (KJSA) for threatening to strike if their demands for improved security and transport were not met. He compared this to the continuous service after the crash of a CDF plane that killed General Dr. Francis Ogolla, implying that the judiciary should show similar dedication.
Finally, Havi emphasised that magistrates and judges should already understand their duty to uphold the rule of law at all times. He argued that there should be no need for further training on this matter.
