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The Nairobian

CJ Martha Koome cries foul over security withdrawal

National

By Kamau Muthoni | Jan 24, 2025

Chief Justice Martha Koome chats with President William Ruto during the swearing-in of twenty Judges of the High Court and conferment of the Rank of Senior Counsel at State House, Nairobi on May 14, 2024. [PCS]

The Interior Ministry has withdrawn Chief Justice Martha Koome’s security and scaled down the number of police officers manning courts in the country.

In what now opens a battleground between the Judiciary and the Executive, it has emerged that officers who were protecting Justice Koome were recalled and those who were in the newly created Judiciary Protection Unit reduced.

The withdrawal of the CJ’s security and the reduction has prompted the head of the Judiciary to write to Interior Cabinet Secretary Kipchumba Murkomen and Inspector General (IG) of Police Douglas Kanja citing the move as an intimidation tactic.

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Koome’s letter came hours after the High Court stuck to its guns that the IG and the Director of Criminal Investigations (DCI) Mohammed Amin must appear in person to explain where Justus Mutumwa, Martin Mwau, and Karani Muema are. The three were abducted at Mlolongo.

The duo has consistently defied court summons. Yesterday, they claimed they had not been served with the court orders.

Koome said the withdrawal was meant to undermine a constitutional office or retaliate.

“I express profound concern over the withdrawal of security for the Chief Justice, an act that u n d e r m i n e s judicial independence, threatens institutional integrity, and endangers democratic progress. The withdrawal of this security detail is an egregious affront to the principle of separation of powers,” Koome wrote.

But in a quick rejoinder to Koome’s complaints, the National Police Service denied withdrawing the CJ’s security.

“Contrary to the media reports suggesting that NPS has withdrawn the security detail of some judicial officials, the National Police Service wishes to clarify that the officers have not been withdrawn. Rather, they have been recalled to attend their promotional courses. In the meantime, they have been replaced by other officers for the period they will be on training,” NPS Spokesperson Resila Onyango said in a brief statement, adding that the Service was committed to multi-agency collaboration and cooperation within the country's criminal justice system.

It is not the first time that the IG has been on the spot over the withdrawal of judges' security following orders to produce abductees.

Kanja’s predecessor, and now his deputy, Gilbert Masengeli withdrew Justice Lawrence Mugambi’s security after the judge condemned him to six months in prison for defying court summons.

The CJ then said that the police were violating the Constitution. In court, Justice Mugambi said that the former Judiciary Police Unit head had contacted the officer guarding him seeking to know his whereabouts.

The Judge lifted the sentence and withdrew from the case.

“In the wake of this ruling, a disturbing action was taken by the National Police Service over the weekend. The security detail assigned to Justice Mugambi was disarmed and withdrawn,” said Koome.

“Article 160 of the Constitution unequivocally protects judicial independence, stating that the Judiciary is subject only to the Constitution and the law, and shall not be subject to the control or direction of any person or authority,” she noted.

The Chief Justice added that any benefits or conditions of service for judges, including their security, should not be altered to their disadvantage, especially in retaliation for lawful judicial actions.

“Security for judges is an accrued benefit that cannot be withdrawn whimsically,” she said.

Yesterday, Koome urged the civil society and Kenyans to defend the independence of the Judiciary.

She demanded that her security detail be returned.