Justice Mugambi's Security Withdrawn Days After Masengeli's Sentencing

Chief Justice Martha Koome has condemned the withdrawal of Justice Lawrence Mugambi’s security days after handing acting Inspector General of Police Gilbert Masengeli a six-month jail term for contempt of xcourt 

The CJ described it as an assault on judicial independence.

“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,” Koome said.

According to the CJ 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.

The CJ indicated that such action erodes public trust in the independence of the courts undermining the foundation of the constitutional democracy posing a risk to disregard the institutions and descent them into lawlessness.

Koome urged the National Police Service, to immediately restore the security of Justice Mugambi and fulfill its constitutional duty to respect and enforce the decisions of the courts.

She further noted that if anyone is dissatisfied by a judicial decision, they should use appropriate recourse by appealing to a higher court.

“Indeed, we are aware that an appeal has been filed and is yet to be heard and determined. We caution however that retaliatory measures against a Judge or judicial officer have no place in a democratic society,” she said.

The CJ strongly condemned the act of intimidation stating that the independence of the Judiciary is guaranteed under the Constitution and the Commission is resolute in defending it.

This follows the High Court on September 13 sentenced the acting Inspector General of Police Gilbert Masengeli a 6-month jail term for defying to present himself in court seven times.

Justice Lawrence Mugambi who was presiding over the case, had ordered Masengeli to present himself to the Commissioner of Prisons.

He however suspended the sentence for seven days to give him a chance to appear personally to explain the whereabouts of three political activists arrested by the police four weeks ago.

Mugambi earlier rejected Masengeli’s plea to suspend his sentencing citing a late request.