Chief Justice (CJ) Martha Koome has broken silence after the withdrawal of the security detail of Justice Lawrence Mugambi.
Koome said Mugambi has been presiding over the case of the Law Society of Kenya (LSK) & three others versus the Acting Inspector General (IG) of Police Gilbert Masenegeli and four other people.
The case led to the filing of a petition before the Constitutional and Human Rights Division of the High Court, seeking a court order to compel the authorities to produce the missing individuals.
She condemned the National Police Service for withdrawing and disarming the security detail assigned to Justice Mugambi,
“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,” Koome said.
Koome stated that the order by Mugambi directing the immediate and unconditional release of the three individuals has not been complied with to date.
She added that the court subsequently summoned the Acting IG of Police to explain the failure to comply with the habeas corpus order, but the summons was ignored.
Constitutional Provisions for Judiciary Officials
The CJ explained that 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 controlled or directed by any person or authority.
Additionally, Koome emphasized that any benefits or conditions of service related to a judge’s position, including their security, must not be altered to their disadvantage, particularly as retaliation for the lawful execution of their judicial duties.
She stressed that security for judges is an accrued benefit that cannot be withdrawn arbitrarily.
Also Read: Lawrence Mugambi: Profile of Bold Judge Who Sentenced Masengeli to Prison
“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,” Koome said.
He stated that the move shows that those entrusted with upholding justice and safeguarding Kenyans rights can be intimidated, bullied, or retaliated against for their rulings.
Koome said such actions erode public trust in the independence of the courts, undermine the very foundation of Kenya’s constitutional democracy and pose a risk to disregard of independent institutions and descent into lawlessness.
The CJ said the appropriate recourse is to appeal to a higher court If dissatisfied with a judicial decision clarifying that the appeal filed is yet to be heard and determined.
Also Read: Masengeli Surfaces After Being Sentenced
Koome Directs NPS to Restore Lawrence Mugambi Security Detail
She cautioned that retaliatory measures against a Judge or judicial officer have no place in a democratic society.
Koome stated that judicial independence is not a privilege for judges but a cornerstone of justice for all citizens.
She emphasized that judges must be free to make decisions based solely on the law, without fear of retribution or interference.
The CJ warned that any encroachment on this independence puts society at risk of descending into lawlessness, where might supersedes rights, and justice is undermined by intimidation.
“The JSC calls upon all state actors, particularly the National Police Service, to immediately restore the security of Justice Lawrence Mugambi and fulfill their constitutional duty to respect and enforce the decisions of the courts,” Koome said.
She also urged the public and all stakeholders to remain vigilant in defending the sanctity of our Constitution and the rule of law.
Follow our WhatsApp Channel for real-time news updates!
https://whatsapp.com/channel/0029VaB3k54HltYFiQ1f2i2C
