Chief Justice Martha Koome has expressed concerns over the withdrawal of her security detail.
In a letter addressed to Interior CS Kipchumba Murkomen and Inspector General of Police Douglas Kanja on Thursday, January 23, Koome highlighted the constitutional implications of such an act, describing it as a threat to judicial independence.
"The Constitution of Kenya obligates all state organs to operate in the spirit of consultation, collaboration, and mutual respect in service to the people. Central to this framework is the independence of institutions, particularly the Judiciary, which is charged with safeguarding justice, upholding the rule of law, and defending constitutional principles.
"It is against this backdrop that I express profound concern over the withdrawal of security for the Chief Justice—an act that undermines judicial independence, threatens institutional integrity, and endangers democratic progress," the letter read in part.
Koome warned that the withdrawal of security could destabilize the balance of power within Kenya’s governance framework.
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"The withdrawal of this security detail is an egregious affront to the principle of separation of powers. It destabilizes the delicate balance upon which democratic governance is founded, where each arm of government operates independently while respecting the autonomy of others.
"Such an action not only weakens public trust in state institutions but also sets a perilous precedent, suggesting that key constitutional offices can be undermined through external pressure or retaliation," the letter added.
Koome expressed further concern over the weakened capacity of the Judiciary Police Unit, taking issue with the withdrawal of a significant number of officers.
"Moreover, the Judiciary is gravely concerned about the weakening of the Judiciary Police Unit, a critical component of judicial security. Rather than being bolstered to meet growing demands, its capacity has been diminished by the withdrawal of a significant number of officers. This not only exacerbates existing vulnerabilities but also jeopardizes the safety of judicial personnel and spaces across the country, thereby undermining the entire justice system’s operational efficacy.
"This act of withdrawal sends an unmistakably damaging message: that those tasked with defending justice and constitutional liberties are susceptible to interference. Such a signal erodes public confidence in the Judiciary’s impartiality, threatening its role as a check against abuse of power and its capacity to uphold the rule of law," the letter further read.
Koome urged the National Police Service to restore her security detail, noting that it is crucial for reaffirming the Judiciary's independence.
"I therefore call upon the National Police Service and all relevant state actors to immediately and unconditionally restore the security detail of the Chief Justice. This step is not merely administrative but essential to reaffirming the Judiciary’s independence, safeguarding the integrity of constitutional offices, and ensuring the continued growth of Kenya’s democracy.
"Additionally, the capacity of the Judiciary Police Unit must be strengthened, not diminished, to address the pressing need for enhanced judicial security in a rapidly evolving environment and against the precedent of open attack of judges and judicial officers in open court," the letter added.
