The Law Society of Kenya (LSK) has opposed the move by judges, magistrates and judicial staffers to withdraw services this week in protest of Magistrate Monica Kivuti's shooting by a police officer at Makadara law courts on Wednesday.

Kivuti was shot in the chest and pelvic area by Chief Inspector Samson Kipchirchir Kipruto, the OCS of Londiani police station, during a court session.

She was announced dead on Saturday.

As a result, the Kenya Judges and Magistrates Association (KJMA) on Sunday announced that they will abandon work from June 19 to June 21 to demand a better working environment.

But LSK President Faith Odhiambo in a Citizen TV interview later in the evening said the move is unconstitutional.

“As the legal fraternity, we are totally in agreement with the Chief Justice’s directive that Tuesday would be a day of mourning for the entire Judiciary,” she said, referring to Martha Koome’s announcement following Kivuti’s death on Saturday that Tuesday, June 18, will be a day of mourning for the entire Judiciary.

“As the Law Society, we said would be in solidarity with them. But Articles 48 and 50 of the Constitution say that members of the public have a right to access to justice and a fair hearing.”

The lawyers’ body’s president called for a “tampering down” of the judges, magistrates, Kadhis, registrars, deputy registrars, and judicial staff protest, saying their services are essential.

“Insecurity to members of the bench is insecurity to members of the bar and the public as well. But we need to tamper it down with regard to essential services,” said Odhiambo.

She added: “Our members at the Judicial Service Commission, security forces and the ministry need to sit and commit to at least proceeding of some basic court services; even if it is virtual hearings like what was happening during the Covid-19 pandemic.”

‘NO FIREARMS IN COURT’

KJMA president Stephen Radido on Sunday said upon return to work, they want several safety measures implemented, such as the prohibition of firearms in courtrooms unless sanctioned by the courts.

They will also not allow any court users to appear in court while concealing their identities, he said.

“Members of the KMJA and the KJSA (Kenya Judiciary Staff Association) shall not conduct any Judicial Proceedings in the open air whether under a tent, container, any makeshift structure or otherwise,” Radido added.

In last Wednesday’s incident, Chief Inspector Kipruto forcibly entered the courtroom and opened fire at Magistrate Kivuti after the court determined that his wife be remanded for violating her bond terms, police said.

Kipruto’s wife, Jenniffer Wairimu, was accused of obtaining money amounting to Ksh.2.9 million by false pretence.

A court orderly and two other officers who attempted to remove the magistrate from the scene and secure the courtroom also sustained gunshot wounds.

The OCS was shot dead by officers who responded to the incident.