A section of police commanders are pointing accusing fingers at the judiciary for failing to implement proposed security reforms to guarantee smooth operations at the precincts.
Police under the Judiciary Police Unit man 128 law courts across the country.
The unit was created following recommendations by a task force led by Justice William Ouko in 2009.
Among others, the team recommended that the Judiciary in consultation with the police establish its own Security Department to oversee all aspects of security and safety in the Judiciary.
It also recommended that the Judiciary installs CCTV in all court stations so as to enhance security within court precincts.
The police unit was created and more recommendations made that a fence be erected around all court precincts, proper screening areas be established and sentries be built.
But police say there are no sentries and screening areas to enhance their operations.
They contend for proper screening to be done, there is need for instance to have special boxes to keep guns for those visiting courts.
Some of the court users are licensed firearm holders and need to have their weapons securely kept when accessing the premises.
But police manning the facilities say they do not have places to keep the weapons which forces them to at times allow the users to get in armed.
Some police officers escort dangerous suspects to courts, which require them to be armed therein.
The debate on safety at courts comes after the Makadara Principal Magistrate Monica Kivuti was shot dead by an angry police officer in a temporary court.
There has been blame game on the shooting.
Following the incident, Chief Justice Martha Koome said only properly accredited security officers will be allowed to carry arms on court premises.
This was part of an agreement reached in a meeting between court officials and the office of the Inspector General of Police.
Police will reinforce security at all court stations across the country, the meeting agreed. Koome said Saturday after consultations they agreed that only properly accredited security officers will be allowed to carry arms on court premises.
The resolution came after the CJ chaired another meeting with the Judiciary Leadership Team (JLT) to deliberate on the matter of Kivuti's murder.
"The Judiciary administration will also work day and night to complete the prefabs at Makadara Law Courts," she said.
The issue of temporary courts has also been raised and officials called for the removal of the tents being used.
She further said the Judiciary administrative units will work on boosting security across all court stations with the available resources.
"In the meantime, the Judiciary leadership will engage the Executive and Parliament on additional resources to support the implementation of past recommendations touching on securing the Judiciary - a matter that has been discussed repeatedly with the concerned agencies for many years."
The Chief Justice called on the Ministry of Interior and National Administration and the office of the Inspector General of Police to deploy additional officers to reinforce the complement of officers in the Judiciary Police Unit.
She further called for the reorganisation of the Judiciary Police Unit into a fully-fledged Police Unit under the leadership of a senior commanding officer with a fully functional Secretariat.
CJ Koome reassured Judges, judicial officers and staff that the Judiciary Leadership Team is aware of the security concerns that they continually face in the dispensation of justice and are taking the necessary measures to address the concerns.
The JLT meeting brought together the leadership of all five superior courts, the Magistracy, Kadhis Courts, Tribunals, the Magistrates and Judges Association and the Judicial Staff Association.
The team also resolved to suspend court sessions across the country on Tuesday, June 18 to allow judicial officers to mourn their colleague.
Court operations are set to be paralysed in the coming week as judges, magistrates and judicial staffers withdraw services in protest at the killing of Kivuti.
However, the Law Society of Kenya has protested the move and termed it unconstitutional.
President Faith Odhiambo Kenyans have a right to access justice and asked the courts to make sure operations go on smoothly.
“There should be even virtual hearings even as we mourn this incident,” she said.
The judges, magistrates and judiciary staff gathered at the doorstep of justice in Nairobi's Milimani courts on Sunday to mourn the incident.
Kenya Judges and Magistrates Association (KJMA) president Stephen Radido demanded a better working environment for the officials.
“Members of the KMJA and KJSA; being the judges, magistrates, Kadhis, registrars, deputy registrars, and judicial staff will stop providing services from the 19th day of June 2024 to the 21st day of June 2024, both days inclusive,” the KJMA president said.
KJMA is demanding a better working environment that includes both the physical infrastructure and the working environment. “The organs of government which should be facilitating the judiciary to ensure a safe and secure workspace have failed,” Radido said.
And when they return to work, they say they will also expect a raft of changes to keep them safe, including the prohibition of firearms in the courtrooms unless sanctioned by the courts. They will also not allow any court users to appear in court while concealing their identities.
“Members of the KMJA and the KJSA shall not conduct any Judicial Proceedings in the open air whether under a tent, container, any makeshift structure or otherwise,” Radido added.
The judicial officers say the government must act quickly to reassure them that not only are they safe, but that the rule of law will be respected and implemented fully.
Chief Inspector Samson Kipchirchir Kipruto, 55 was shot and killed by his colleagues at the court on Thursday, June 13 afternoon soon after he had attacked and fatally wounded the magistrate.
He was in civilian then. He was shot and killed by a senior police officer who was in court.
He had travelled from his workstation in Londiani, Kericho to attend a court case where his ailing wife Jenniffer Wairimu, 48 years was an accused person.
This is in a case of obtaining money by false pretence amounting to Sh2.9 million.
The woman had pleaded to be released out on cash bail but the magistrate turned down the plea. This is after she absconded court sessions over sickness.
A warrant of arrest was issued against her. And when she appeared on Thursday, June 13, her bail terms were canceled and the magistrate ordered she be remanded at the Langata Women’s prisons.
This angered Kipruto who sneaked into the court through the magistrate's door and fired shots towards Kivuti injuring her on the chest and left hip. She died a day later.
In the process three other officers were injured. One of them was hit in a the left eyed another in the left leg and a third one in left hand.