REPUBLIC OF KENYA

JUDICIARY

REMARKS BY HON. THE CHIEF JUSTICE DR. WILLY MUTUNGA,

D.Jur, SC, E.G.H. AFTER A MEETING BETWEEN THE
LEADERSHIP OF THE JUDICIARY AND LEADERSHIP OF
NATIONAL SECURITY ORGANS
HELD ON 26TH MAY, 2014

Ladies and gentlemen

We have just concluded a meeting between the leadership of the Judiciary

and the leadership of national security organs headed by the Cabinet
secretaries for Interior and Defence. Also in attendance were the Inspector
General of the Kenya Police, Chief of the Kenya Defence Forces, the Director
General of the National Intelligence Service and representatives from the
Director of Public Prosecutions.

This meeting is a culmination of several conversations between myself and

various security agencies that have been going on for two years.

These meetings are based on the understanding that when it comes to

issues of security and welfare of citizens, all the three arms must coordinate
and collaborate closely.

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Although the various organs of State are independent, the Constitution also
requires them to be interdependent. Already, the National Council on the
Administration of Justice, which brings together key actors in these sectors
is already working together to facilitate the delivery of justice. The meeting
today goes a step further to address the traditional suspicions that have
characterized relations between these institutions historically.

We recognize we are at a unique moment in our history requiring just such

interdependence and cooperation.

The meeting has agreed to greater sharing of information, increased

dialogues and shared training collaboration between the Judiciary Training
Institute and the National Defence College, as well as the Kenya Police
Training College.

Terrorism is war by unconventional means, but those of us who have sworn

to protect and defend the Constitution must become more imaginative in
fighting this war without compromising on the founding principles of our
nation. There is no choice but to uphold all the Articles of the Constitution,
meaning that the public interest of securing the State must not be in
contradiction with the Bill of Rights.

These conversations, difficult as they are, cannot be avoided. That is why,

starting on Thursday, May 29, 2014, the leaders of the security organs and
judges will begin dialogues to discuss counter terrorism measures within
the context of the Constitution and international human rights law. It is also

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the reason why this Friday, May 30, 2014, the National Council on the
Administration of Justice will be meeting to discuss national security.
Several policy measures and practice directions underpinned by our
Constitution and guided by public interest will emerge from these
important national dialogues.

We are aware that in certain instances, there are numerous challenges that
need to be confronted in concert. Every agency has committed itself to
strengthen and improve on the quality of its work in confronting the
challenges at face the country, and be available to be part of JTI trainings.

DR. WILLY MUTUNGA, D.Jur, SC, E.G.H.

CHIEF JUSTICE/PRESIDENT, SUPREME COURT OF KENYA

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