By Patricia Mollyne Mataga
Former Law Society of Kenya (LSK) President Nelson Havi has pocked holes into a decision by Chief Justice Martha Koome to halt operations at the Makadara Law Courts.
CJ Koome made the decision last week following a fatal incident involving a magistrate.
During the incident, a senior police officer shot and injured a Chief Principal Magistrate who later succumbed to gunshot injuries.
Following the incident, the Chief Justice ordered that the proceedings at the court be stopped.
However, according to Havi, no circumstance should lead to the courts being closed.
“Courts should never be closed, not even for a day, for any reason whatsoever,” the former LSK boss said in a lengthy statement he shared on his verified X handle.
He pointed out that there are existing frameworks on mourning a deceased judicial officer that do not include shutting down the courts.
Aside from halting operations at the Makadara Law Courts, the Chief Justice had also directed that all courts be closed on June 18, 2024, so as to allow mourning for the late magistrate. This decision has been termed by Havi as inconsiderate and impertinent.
In addition, the lawyer pointed out that the planned deployment of a special armed police unit to courts as a mitigation measure to ensure such an incident does not occur again was ill-informed.
“Let us have officers in courtrooms who are trained in the manner appropriate for the close-quarter combat without guns,” Havi said.
“The fascination of guns in courtrooms as a permanent solution to the tragedy must depart the minds of the legal fraternity,” she added.
Meanwhile, the former LSK boss has questioned plans by magistrates and judges unions to hold a peaceful protest following the unfortunate incident.
He said should the judges and magistrates go on with the plans to remain out of their workstations from June 19 to 21st as planned, “there should be no hesitation on the part of affected litigants and advocates to lodge petitions with the JSC for the removal of any such judge or magistrate who will abscond work…’
Additionally, Nelson Havi has called for an inquiry into the circumstances under which the magistrate is said to have cancelled the bond for the accused.
The accused was facing Ksh2.9 million fraud charges. However, she is said to be facing health problems and that her bond was cancelled under unclear circumstances, a move believed to have angered her husband who shot at the magistrate.
