The National Council of Churches of Kenya (NCCK) has expressed concern over the withdrawal of Justice Lawrence Mugambi’s security detail following a ruling on the sentencing of Acting IG Gilbert Masengeli.
In a letter addressed to Interior Cabinet Secretary (CS) Kithure Kindiki, NCCK condemned the act saying it is direct intimidation of a judicial officer whose effect is undermining the rule of law.
NCCK asked the CS to intervene and ensure Mugambi’s security detail is reinstated immediately.
“We therefore ask that in your capacity as the Cabinet Secretary provide directions to the Inspector General with regard to the provision of security services of Justice Mugambi be reinstated immediately.”
The church also expressed concern over Masengeli’s failure to honour the court ruling over his six-month sentence for contempt of court.
“We find this to be the latest in a series of cases where state officials have deliberately disobeyed court orders without any consequences. This is the bedrock on which impunity is birthed and nurtured, to the detriment of the welfare of the nation,” the letter added.
“We wish to call to mind that whenever state officers undermine the rule of law, they send a signal to the citizens that anarchy will be tolerated.”
@KenyaNCCK writes to @KindikiKithure to demand that @NPSOfficial_KE respects Rule of Law to prevent anarchy#masengeli @Kenyajudiciary @CKKamau @CJMarthaKoome pic.twitter.com/rYLIFmcY8T
— NCCK Kenya (@KenyaNCCK) September 16, 2024
Chief Justice Martha Koome confirmed the withdrawal of Justice Mugambi’s security detail saying he was facing intimidation following the move.
In her announcement, the CJ argued that the Judges’ security was an accrued benefit that cannot be withdrawn whimsically.
She added that withdrawing the security of a sitting judge was deeply concerning as it sends a chilling message to the judiciary and the public at large.
“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,” CJ Koome said in a statement.
Masengelu was handed a six-month jail term for contempt of court on Friday, September 13, 2024.
In his ruling, Justice Mugambi argued that the police IG had failed to honour the summons from the court.
The judge additionally stated that Masengeli’s actions amounted to wilful disobedience undermining the administration of justice and the supreme law.
He subsequently ordered the acting IG to present himself to the Commissioner General of Prisons to serve his sentence.
