The disagreement emerged during a National Council on the Administration of Justice (NCAJ) event on Tuesday, November 3, where the two senior officials raised concerns about the increasing use of young people in organised criminal activities.
Koome challenged the police to move beyond arresting individuals involved in violent attacks and instead investigate the powerful people suspected of recruiting, financing and coordinating the gangs.
The Chief Justice argued that arresting young people carrying out attacks would not solve the problem if those providing money and other resources remained untouched.
She maintained that the young people involved in criminal activities were often being exploited by individuals who wanted to use them to advance their interests.
"Listening to the report by the National Police Service, what I know about organised crime is a crime against humanity; we need to map these areas and as police you need to arrest financiers… the goons are our children and they are being sustained by financiers," Koome stated.
However, Amin, who represented Inspector General of Police Douglas Kanja, criticised the Judiciary over what he described as the frequent release of suspects accused of participating in gang-related activities.
The DCI boss argued that releasing suspects on minimal bond terms could weaken police efforts to address organised criminal activities, particularly where individuals return to the streets and allegedly continue committing similar offences.
He called on the courts to prioritise the prosecution and determination of cases involving criminal gangs, warning that delays and repeated releases could undermine efforts to deter offenders.
"We are calling upon the Judiciary to expedite the prosecution and trial of all gang-related offences. We have taken note that frequent release of suspects on minimal bond undermines deterrence and allows repeat offenders to return to the streets to continue perpetuating their activities," Amin said.
The exchange came as a report presented during the NCAJ meeting revealed that the number of identified organised criminal gangs in Kenya had increased from 89 to 109.
Western Kenya recorded the highest number, with 38 groups, followed by the Rift Valley with 22 and Nairobi with 20. Nyanza had 12, Coast 11, Eastern three, North-Eastern two and Central one.
The figures have raised concerns about the country's preparedness to handle possible security challenges as political activities intensify ahead of the next General Election.
Council of Governors Chairperson Muthomi Njuki also weighed in on the matter, calling for the restoration of prosecutorial powers to strengthen enforcement of county laws.
Meanwhile, NCAJ Director General Dr Moses Maranga reported a significant increase in crime, putting the rise at 157 per cent, while warning that serious offences remained a concern.
Law Society of Kenya member Tom K'opere also raised concerns over continued abductions, including cases involving young lawyers, despite ongoing efforts by security agencies to address criminal activities.
The developments have placed renewed attention on the relationship between law enforcement agencies and the Judiciary, particularly regarding investigations, arrests, prosecution and the handling of suspects.
As preparations for the 2027 elections continue, the police have pledged to pursue individuals suspected of financing and facilitating criminal activities, including those allegedly recruiting young people into organised gangs.
The debate has also highlighted the need to establish accountability across the entire criminal network rather than focusing exclusively on individuals found carrying out attacks.
Koome's position puts pressure on investigators to identify those allegedly funding criminal groups, while Amin's remarks underline the police service's concerns about the prosecution process and the treatment of suspects once they appear in court.
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