Chief Justice Martha Koome has condemned the decision to withdraw Justice Lawrence Mugambi’s security following his ruling that sentenced Acting Inspector General of Police Gilbert Masengeli to six months in jail for contempt of court.
In a press conference, Koome described the move as an attack on judicial independence. She emphasized that it undermines the rule of law and violates constitutional principles.
“Revoking a sitting Judge’s security in response to a judicial decision that displeases certain authorities is deeply troubling. It sends a disturbing signal to both the judiciary and the public that those who are tasked with upholding justice and protecting our rights may face intimidation or retaliation for their rulings,” Koome stated.
The Chief Justice noted that the benefits and conditions of a Judge’s role, including security provisions, should not be altered to their detriment, particularly as a form of retaliation for performing their judicial duties.
Koome warned that such actions damage public confidence in judicial independence and could undermine the foundation of constitutional democracy, potentially leading to a disregard for institutions and an increase in lawlessness.
She called on the National Police Service to promptly reinstate Justice Mugambi’s security and to uphold its constitutional responsibility to respect and enforce court decisions.
The Chief Justice also pointed out that if individuals are dissatisfied with judicial rulings, they should pursue appropriate legal remedies by appealing to a higher court.
“We are aware that an appeal has been filed and is pending. However, we must emphasize that retaliatory actions against a Judge or judicial officer have no place in a democratic society,” she added.
Koome strongly condemned the act of intimidation and reaffirmed the Commission’s commitment to defending judicial independence as guaranteed by the Constitution.
This controversy follows Justice Mugambi’s sentencing of Masengeli to six months in prison for defying court orders to appear in court on seven occasions. Mugambi had initially ordered Masengeli to report to the Commissioner of Prisons but suspended the sentence for seven days to allow Masengeli to personally explain the detention of three political activists arrested by the police four weeks prior.
Mugambi previously rejected Masengeli’s late request to suspend the sentencing. The Acting IG had failed to comply with court orders to respond to allegations concerning the arrest of Bob Micheni Njagi, Jamil Longton, and Salam Longton on August 19, 2024, in Kitengela, following a petition by the Law Society of Kenya.
