Kenya National Commission on Human Rights
Press Statement: For Immediate Release Nairobi, Monday 17th June, 2024
Condemning the Fatal Shooting of Principal Magistrate, Hon. Monica Kivuti
The Kenya National Commission on Human Rights (KNCHR) condemns in the strongest terms possible the cold blooded murder of Principal Margistrate, Hon. Monica Kivuti while dispensing justice in the Makadara Law Courts on 13th June, 2024.
This unprecedented murder of a judicial officer in the course of duty is a threat to access to justice and brings to the fore the long-standing concerns that the Judiciary has expressed concerning their security. The Commission recommends the following actions to redress this violation:
- Immediate investigations: The Commission calls on the Inspector General of Police to embark on immediate investigations of the actions that led to this unfortunate incident.
- Heightened security in the Courts: Despite the assurances by the police about heightened security in the court premises, we still call for enhanced security in all courts of law for all including judicial officers, litigants, and members of the public. While the Commission empathizes with the victim and survivors of this tragedy, we believe that the recent calls to halt the provision of services in the halls of justice for an extended time is indeed a violation of the inalienable right to access to justice; holding virtual court sessions are options that can be explored. We however call upon the Judiciary to fulfill its obligation as an employer to provide a safe and secure workplace environment in accordance with the Occupational Safety and Health Act, 2007.
- Adherence to the Rule of Law: The Commission reminds all that the rule of law and respect to the judicial processes must be adhered to and when aggrieved, the right processes as prescribed by law must be followed.
- Judicial reforms: We call for comprehensive and transformative judicial reforms to secure an enabling environment for all in the administration of justice. The increasing number of attacks against Judges and Judicial Staff is not only alarming, it is also reflective of the neglect by the Judiciary to perform its noble role.
- State-sponsored psycho-social support: Given the sensitivities of the incident, it goes without saying that the survivors have experienced adverse trauma and shock. We, therefore, call upon the Government to set up a psycho-social support center to offer professional trauma counseling for those directly affected by the tragedy.
The dispensation of justice is a cardinal duty that avails rights to many including the indigent and as such all persons who engage in this process must be accorded the requisite support and security. Every judicial officer must be able to dispense justice in an environment free from fear, intimidation, or violence.
Similarly, all who pursue justice must have confidence in their security. The unfortunate shooting of Hon. Kivuti in open court is not only a direct attack on an individual who took a solemn oath to administer justice but also on the very foundation of our democracy and the tenets of our Constitution.
We further commiserate with the gallant police officers who sustained injuries in the course of protecting Hon. Kivuti. We wish them a quick recovery!
The Commission stands in solidarity with the Judiciary and the entire justice fraternity in these troubling times and reaffirm our commitment to promoting and protecting human rights and preserving the rule of law. Our condolences and prayers are with the family, friends, colleagues, and all those affected by this deplorable incident.
Roseline Odede, HSC
Chairperson
Kenya National Commission on Human Rights