The battle between the Judiciary and the Executive has intensified with the Law Society of Kenya (LSK) and the Kenya Magistrates and Judges Association (KMJA) condemning the government’s decision to withdraw Chief Justice Martha Koome’s security detail. 

The controversial move has sparked sharp criticism, with legal bodies asserting that it undermines judicial independence and sets a dangerous precedent for the country’s constitutional institutions.

In a press briefing in Nairobi yesterday, LSK President Faith Odhiambo expressed strong disapproval of the move, saying it infringes on the independence of the Judiciary. She described it as an assault on the Judiciary’s autonomy.

Ms 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, adding:

 “It is both unfortunate and unacceptable, and indicative of coordinated efforts to weaken the Judiciary Police Unit.”

Odhiambo went on to highlight that the decision points to systemic failures within NPS, accusing them of a lack of competence in handling such critical matters

 “Whether by omission or commission, this situation is unacceptable and reveals serious administrative lapses within the National Police Service. This mistaken perception that the Judiciary is subordinate to the other arms of government is a historic bastardization of the Principle of Separation of Powers, which must be deconstructed,” she said.

READ: Judges and magistrates condemn CJ Koome’s security withdrawal

The Kenya Magistrates and Judges Association (KMJA) also weighed in on the controversy and denounced the withdrawal of the Chief Justice’s security detail as a “unilateral and arbitrary decision.

In a statement released on Friday, KMJA President Justice Stephen Radido called the move a continuation of a “sustained and well-coordinated onslaught against the Judiciary, its leadership, judges, and magistrates.”

Radido expressed alarm that the police acted without any prior consultation with the Judiciary.

“How can the police command explain the withdrawal of the police officers deployed to the Judiciary without notice or communication? This decision has all the hallmarks of a retributive attack on the Judiciary, orchestrated for reasons that remain unclear but highly suspicious,” Radido noted

The controversy surrounding Koome’s security detail began on Thursday when the Chief Justice sent a letter to Interior Cabinet Secretary Kipchumba Murkomen and Inspector General of Police (IG) Douglas Kanja expressing concerns over the recall of her security personnel and the downsizing of the officers of the Judiciary Police Unit. 

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.

The NPS has, however, maintained that the withdrawal of Koome’s security detail was not an act of retaliation, but the particular officers were recalled to attend their promotional courses.

Resila Onyango, the NPS spokesperson, explained that the officers had been recalled for training purposes.

“In the meantime, they have been replaced by other officers for the period they will be in training,” Dr Onyango said.

But, following the uproar, the NPS reportedly reinstated the Chief Justice’s security detail after a formal complaint was lodged with high-ranking officials. 

The broader issue of the Judiciary Police Unit’s downsizing, however, remains unresolved.

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Justice Radido confirmed that the commandant of the Judiciary Police Unit, along with 23 other officers, had been recalled in recent days.

“These officers are yet to be replaced, and we are concerned that the failure to do so will leave the Judiciary vulnerable. Judges and magistrates must be assured of their security in the course of performing their constitutional duties,” Radido said.

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.

Justice Koome has been firm in defending judicial independence, maintaining that no external pressure would prevent the Judiciary from fulfilling its constitutional duties. 

“No amount of intimidation will deter us from fulfilling our constitutional mandate,” she declared.

KMJA has called for dialogue between the Judiciary and the police.