Chief Justice Martha Koome has raised concerns over what she has termed as intimidation of High Court judge Lawrence Mugambi.
Koome in a statement issued on Monday, September 16, 2024, said the security detail of Justice Mugambi had been disarmed and withdrawn following his sentencing of acting Inspector General of Police Gilbert Masengeli to six months in prison.
Justice Mugambi’s security withdrawn
In the statement, Koome says Justice Mugambi’s security detail was withdrawn over the weekend.
She has termed the move by the National Police Service as a deliberate and punitive measure that represents a direct assault on judicial independence, an affront to the rule of law, and a violation of the principles enshrined in the Kenyan Constitution.
“In the wake of this ruling, a disturbing action was taken by the National Police Service over the weekend: the security detail assigned to Hon. Justice Mugambi were disarmed and withdrawn. This deliberate and punitive measure represents a direct assault on judicial independence, an affront to the rule of law, and a violation of the principles enshrined in our Constitution,” CJ Koome stated.
She went ahead to argue that the Judges’ security is an accrued benefit that cannot be withdrawn whimsically.
“Article 160 of the Constitution unequivocally protects judicial independence, stating that the Judiciary is subject only to the Constitution and the law, and shall not be subject to the control or direction of any person or authority. Additionally, any benefits or conditions of service related to a Judge’s position, including their security, must not be varied to their disadvantage, particularly in retaliation for the lawful execution of their judicial duties. Security for Judges is an accrued benefit that cannot be withdrawn whimsically,” the statement reads in part.
Koome on Judge’s security withdrawal
CJ Koome further states that withdrawing the security of a sitting Judge is deeply concerning, noting that it sends a chilling message to the Judiciary and the public at large.
“The act of withdrawing the security of a sitting Judge, following a judicial decision that displeased certain authorities, is deeply concerning. It sends a chilling message to the Judiciary and the public at large: that those entrusted with upholding justice and safeguarding our rights can be intimidated, bullied, or retaliated against for their rulings,” she said.
“Such actions erode public trust in the independence of the courts, undermine the very foundation of our constitutional democracy and pose a risk to disregard of our institutions and descent into lawlessness.
If dissatisfied with a judicial decision, the appropriate recourse is to appeal to a higher court,” CJ Koome added.
She went ahead to stated that Masengeli should instead have appealed the court’s decision, instead of intimidating the Judge.
JSC Statement on the intimidation and withdrawal of the security detail of Hon. Justice Lawrence Mugambi, Judge of the High Court of Kenya. pic.twitter.com/fV35H6bj0v
— Judicial Service Commission Kenya (JSC) (@jsckenya) September 16, 2024
Masengeli’s sentence
High Court judge Lawrence Mugambi sentenced Masengeli to six months imprisonment on Friday, September 13, 2024, days after he was convicted for c0ntempt of court.
On September 9, 2024, Judge Mugambi said that Masengeli had failed to honour the summons from the court.
Mugambi added that Masengeli’s actions amounted to willful disobedience that undermines the supreme law and administration of justice.
While sentencing him, the judge further ordered Masengeli to surrender himself to the Commissioner General of Prisons to serve his sentence.
Additionally, Mugambi said that in the event he fails to surrender himself to prison, the Cabinet Secretary for Interior must take steps to ensure he is committed to prison to serve his sentence.
Masengeli failed to appear in court for sentencing in a contempt case; his lawyer, Cecil Miller, represented him instead.
