Judicial Service Commission (JSC), led by Chief Justice Martha Koome, has voiced serious concerns regarding the recent withdrawal of security for Justice Lawrence Mugambi.
This action follows Justice Mugambi’s ruling that sentenced Inspector General Gilbert Masengeli to six months in jail for defying court orders.
The case at the center of this controversy, Law Society of Kenya & 3 Others v. Inspector General of Police & 4 Others (Petition No. E436 of 2024), began after allegations surfaced of the abduction of three individuals—Bob Micheni Njagi, Jamil Longton, and Salam Longton—on August 19, 2024.
Justice Mugambi issued a habeas corpus order mandating the immediate release of the missing individuals, a decision that was met with non-compliance from the authorities.
Despite granting an extension to accommodate the Acting Inspector General’s schedule, the court summons was disregarded, leading to contempt of court proceedings.
On September 13, 2024, the Acting Inspector General was found in contempt and sentenced to six months in jail.
In what appears to be a retaliatory move, the National Police Service, over the weekend, withdrew the security detail previously assigned to Justice Mugambi.
This withdrawal, which included disarming his protection team, has been described by the JSC as a deliberate attempt to undermine the independence of the judiciary.
Chief Justice Koome emphasized that Article 160 of the Constitution guarantees judicial independence, stipulating that the Judiciary is only accountable to the Constitution and the law, and should not be subject to external control or influence.
The withdrawal of security for a Judge following a legal ruling is seen as an infringement on this constitutional safeguard and an attack on the judicial system’s integrity.
The JSC’s statement underlined that the removal of Justice Mugambi’s security sends a chilling message to both the Judiciary and the public, suggesting that judicial decisions can provoke intimidation and retribution.
Such actions, according to the JSC, erode public trust in the judiciary and threaten the very foundation of constitutional democracy.
Judicial independence, as articulated by the JSC, is crucial for ensuring that Judges can make impartial decisions based solely on the law, without fear of retaliation.
The Commission stressed that any dissatisfaction with a judicial ruling should
