The security of High Court Judge Lawrence Mugambi has been withdrawn.
Chief Justice Martha Koome reported on Monday that the Judge’s security detail was removed over the weekend and disarmed.
CJ Koome has strongly condemned this action by the National Police Service (NPS), calling for the immediate reinstatement of Judge Mugambi’s security.
She argued that the withdrawal of security for a judge, as mandated by the constitution, represents an unacceptable retaliation.
This decision allegedly follows Judge Mugambi’s recent sentencing of Acting Inspector General of Police Gilbert Masengeli.
The case that led to this situation began with allegations of the abduction or arrest of three individuals—Bob Micheni Njagi, Jamil Longton, and Salam Longton—on August 19, 2024.
Following these allegations, Petition No. E436 of 2024 was filed before the Constitutional and Human Rights Division of the High Court, seeking a court order to compel the authorities to produce the missing individuals.
Judge Mugambi, presiding over the case, issued a habeas corpus order directing their immediate and unconditional release. This order has, to date, not been complied with.
In response to the non-compliance, the court summoned Acting Inspector General Masengeli to explain the failure to adhere to the habeas corpus order.
Despite an extension granted to accommodate his availability in court, the summons was ignored.
This defiance culminated in contempt of court proceedings, where the Acting Inspector General was found in contempt and sentenced on September 13, 2024.
“The subsequent withdrawal of Judge Mugambi’s security detail by the NPS over the weekend represents a deliberate and punitive measure, perceived as a direct assault on judicial independence,” said CJ Koome.
She noted that Article 160 of the Constitution protects judicial independence, stating that the Judiciary is subject only to the Constitution and the law and shall not be controlled or directed by any person or authority.
“The security for judges, including bodyguards and drivers, is an accrued benefit that cannot be withdrawn as retaliation for lawful judicial duties. This action is deeply concerning as it undermines the principle of judicial independence and sends a chilling message to the Judiciary and the public,” Koome added.
It suggests that those upholding justice can be intimidated or retaliated against for their rulings, eroding public trust in the courts and threatening the rule of law.
CJ Koome emphasized that judicial independence is crucial for a fair and just society. “Any dissatisfaction with judicial decisions should be addressed through appeals to higher courts rather than through retaliatory measures.”
The JSC calls upon all state actors, particularly the National Police Service, to restore Judge Mugambi’s security immediately and to respect and enforce the decisions of the courts.
The Commission reassures the public that the Judiciary will continue to uphold human rights, liberties, and the rule of law, and strongly condemns this act of intimidation.
