The ongoing standoff between the Judiciary and the Executive escalated this week after the withdrawal of Chief Justice Martha Koome’s security detail, drawing sharp condemnation from key legal bodies in Kenya.
The Law Society of Kenya (LSK) and the Kenya Magistrates and Judges Association (KMJA) have strongly criticized the move, arguing that it undermines the independence of the Judiciary and sets a dangerous precedent for constitutional governance.
On Friday, LSK President Faith Odhiambo led the charge against the decision, describing it as an assault on the Judiciary’s autonomy.
In a press briefing held in Nairobi, Odhiambo condemned the National Police Service (NPS) for what she called a “coordinated effort” to weaken the Judiciary Police Unit.
“This decision is a direct attempt to coerce the Judiciary into becoming an appendage of the Executive, which is a clear violation of the Constitution,” Odhiambo said. “It is both unfortunate and unacceptable, and it speaks to grave systemic lapses within the National Police Service.”
Odhiambo further criticized the national security agency for the lack of professionalism in handling such a critical issue, suggesting that the withdrawal of the security detail was either a deliberate act or a result of poor administrative oversight.
“Whether by omission or commission, this situation is unacceptable and reveals profound issues within the NPS,” she added.
“The Judiciary cannot be treated as subordinate to the other arms of government, and we will continue to fight this bastardization of the Principle of Separation of Powers.”
The controversy ignited earlier this week when Chief Justice Koome wrote a letter to Interior Cabinet Secretary Kipchumba Murkomen and Inspector General of Police (IG) Douglas Kanja, raising concerns over the recall of her security officers.
The Chief Justice described the action as a thinly veiled intimidation tactic, adding that it threatened the independence of the Judiciary and could have far-reaching consequences for the country’s democratic institutions.
“This action sets a dangerous precedent, where constitutional offices can be undermined through external pressure,” Koome warned in the letter. “Such interference threatens not only the independence of the Judiciary but also the public trust in our institutions.”
Despite the Chief Justice’s alarm, the NPS has maintained that the withdrawal of her security detail was not an act of retaliation, but rather a necessary administrative move.
A spokesperson for the NPS, Resila Onyango, explained that the officers had been recalled for training purposes.
“The officers have been recalled to attend their promotional courses,” Onyango stated. “In the meantime, they have been replaced by other officers for the period they will be in training.”
However, the explanation has done little to quell the backlash from legal bodies, with LSK’s Faith Odhiambo questioning the NPS’s handling of the matter.
“We find it unacceptable that such an important issue is being treated so casually,” Odhiambo said.
“This raises serious concerns about the competence of the National Police Service, especially in light of the recent failures in safeguarding national security.”
The Kenya Magistrates and Judges Association (KMJA) also weighed in on the matter, echoing similar concerns.
In a statement released on Friday, KMJA President Justice Radido Stephen denounced the withdrawal of the Chief Justice’s security detail as a “unilateral and arbitrary decision.”
He added that the move was part of a broader, sustained attack on the Judiciary.
“How can the Police command explain the removal of security officers from the Judiciary without prior consultation or communication?” Radido asked.
“This decision has all the hallmarks of a retributive attack on the Judiciary, orchestrated for reasons that remain unclear but highly suspicious.”
The security detail of Chief Justice Koome was allegedly removed earlier this week, along with a reduction in officers attached to the Judiciary Police Unit. According to official communication from the Judiciary, this move was never communicated to the affected parties beforehand.
On Thursday, the Judiciary addressed a formal letter to the Ministry of Interior and the NPS, condemning the action as an infringement on judicial independence and an attempt to erode the integrity of the constitutional office of the Chief Justice.
Following the uproar, the NPS reportedly reinstated the Chief Justice’s security detail after a formal complaint was lodged with high-ranking officials.
However, the broader issue of the Judiciary Police Unit’s downsizing remains unresolved.
Justice Radido confirmed that the commandant of the Judiciary Police Unit, along with 23 other officers, had been recalled in recent days.
“These officers have yet to be replaced, and we are concerned that the failure to do so will leave the Judiciary vulnerable,” Radido stated. “Judges and magistrates must be assured of their security in the course of performing their constitutional duties.”
The fallout from this incident has only deepened the divide between the Judiciary and the Executive, which has already been strained by allegations of disregard for court orders by senior police officials, including the IG and Director of Criminal Investigations (DCI) Mohamed Amin.
Chief Justice Koome has repeatedly stressed the importance of judicial independence, warning that external interference would not be tolerated.
“No amount of intimidation will deter us from fulfilling our constitutional mandate,” she declared.
In response to the growing crisis, the KMJA has called for immediate dialogue between the Judiciary and law enforcement to address these security concerns and prevent further escalation.
“We urge the police to fulfill their mandate of securing the Judiciary and all constitutional offices, as guaranteed by the Constitution,” Justice Radido said.
The group also urged the Judicial Service Commission to observe all constitutional protections assured to judges and magistrates.
Radido stated that talks are underway to resolve the security issues and prevent such incidents in the future.
“In this regard, under the ambit of the National Council on the Administration of Justice, structures have been put in place to enable the judiciary and all stakeholders to dialogue, identify any weaknesses and lapses, individual and collective, and resolve how to address the same,” he noted.
