Faith Odhiambo, the Law Society of Kenya president, has warned that the country is bound for a judicial crisis if the courts proceedings are suspended this entire week.
This is after the Judges, Magistrates and Kadhis announced that they will abscond duty from Wednesday to Friday, in protest of poor working conditions, following the death Magistrate Monica Kivuti who was shot by a police during a court proceeding last week.
Their decision also came shortly after Chief Justice Martha Koome announced that court services will be suspended nationwide on Tuesday, to mourn the fallen magistrate.
In an interview with Citizen TV on Sunday night, Adhiambo however noted that members of the bench can opt for the virtual court proceedings instead of totally paralyzing court operations which would be denying Kenyans their constitutional rights.
“As much as I agree that insecurity to members of the bench is insecurity to members of the bar, any court researchers, court staff and most importantly members of the public as well but I agree we need to tamper it a bit with regards to essential court services.”
“Looking at article 48 and article 50, members of the public have the right to access to justice and also a fair hearing. If we see that no courts will proceed for that entire week, I think it needs to precipitate that members at the JSC, security forces and the ministry needs to sit and commit that we have some basic court services proceeding. I think it will be fair that we proceed even if it virtual hearings , during covid times we had virtual proceedings ongoing,” she said
Adhiambo however noted that the legal fraternity agrees with the one day that the chief justice Martha Koome set aside to mourn Kivuti.
“As the law society we will be standing in solidarity with them,” she said.
