Judges and magistrates demand action over advocate's killing

Kenya Magistrates and Judges Association President Hedwig Ong’undi (right)and Secretary General Brian Khaemba address the Press at the Milimani Law Courts yesterday. [PHOTO: EDWARD KIPLIMO/STANDARD]

The Government has been accused of not doing enough to hold police officers accountable for crimes they have committed.

Reacting to reports on the murder of lawyer Willie Kimani, his client Josephat Mwenda and driver Joseph Muiruri, the Kenya Judges and Magistrates Association (KJMA) called for the prosecution of all those involved in the gruesome murders.

In a statement, KJMA President Justice Hedwig Ong’undi and Secretary General Brian Khaemba said the deaths indicated an attempt to subvert the course of justice, and added that all judicial officers would push for speedy conclusion of a trial should it be held.

“This was an act meant to instill fear in lawyers and judicial officers. We do not understand why an advocate who is only a mouthpiece for a client will pay the price for another person’s interests,” said Mr Khaemba at theMilimani Law Courts.

at the same time, the East African Law Society (EALS) criticised the government for its failure to consistently press for the prosecution of officers when they violate human rights. “It should be remembered that Kenya is bound under Articles Six(d) and 72(2) of the Treaty for the Establishment of the East African Community (EAC) to uphold protection, promotion and recognition of human rights,” said EALS President Nassor Mohammed.

He condemned the death of the three, and said the police officers responsible must be held accountable. “This is the only way to end impunity in the police service and establish safety for all Kenyans,” he said. Mohammed said the deaths demonstrated that the government disregards both the EAC treaty and the United Nations 1990 basic principals on the role of lawyers.

“Article 17 assures lawyers of their security provided by the authority if threatened in the course of discharging their duties. It also states that lawyers will not be identified with their clients or by their clients’ causes,” said Mohammed.

Pledging to offer legal support to Kimani’s family, the EALS president called for an expeditious and thorough investigation into the killings, and said it would offer technical backing to the Law Society of Kenya, which has been involved in pushing to have the matter probed.

“Be they private or members of the police service, let them be brought to justice and be prosecuted to the full extent of the law,” he said. Apart from Kenya, EALS draws its membership from Uganda, Burundi, Rwanda and Tanzania.