The Law Society of Kenya (LSK) has vowed to take legal action against Acting Inspector General of Police Gilbert Masengeli following the contentious withdrawal of security detail from Justice Lawrence Mugambi.
This decision came after Justice Mugambi sentenced Masengeli to six months in prison on September 13, 2024, for failing to comply with court orders.
In a press briefing at the Milimani Law Courts on Monday, LSK Vice Chair Mwaura Kabata condemned the removal of Justice Mugambi’s security as a direct threat to the judge’s safety and a serious attack on judicial integrity.
Kabata argued that this action undermines the independence of the judiciary, a cornerstone of Kenya’s constitutional democracy.
“The intimidation of a judge has far-reaching implications beyond the individual involved,” Kabata stated.
“It suggests that judicial decisions can be influenced by external pressures rather than being based solely on the law. This erosion of judicial independence undermines the foundation of our constitutional democracy, where rights are safeguarded by an impartial and independent judiciary.”
Kabata emphasized that judicial independence is a fundamental principle enshrined in Kenya’s Constitution. Article 160 explicitly guarantees that the Judiciary shall be subject only to the Constitution and the law, and not to the control or direction of any person or authority.
“The withdrawal of security for a judge, particularly in response to lawful judicial duties, directly violates this constitutional provision,” Kabata added.
The LSK has called on the National Police Service and relevant state actors to immediately reinstate Justice Mugambi’s security detail and adhere to court orders, including those related to the disappearance of three individuals in Kajiado County.
Kabata warned that failure to comply not only constitutes contempt of court but also reflects a disregard for constitutional principles and the rule of law.
“The Executive and all arms of government must respect the principle of separation of powers and uphold the rule of law. Any dissatisfaction with a court ruling should be addressed through the appellate jurisdiction, not through punitive actions against the Judiciary,” Kabata stressed.
The LSK also expressed deep concern over recent trends of law enforcement disregarding judicial orders, warning that such actions set a dangerous precedent for impunity.
“The National Police Service, as a key state actor, has a constitutional obligation to comply with the law and court decisions,” Kabata said.
If the state fails to reinstate Justice Mugambi’s security detail, the LSK will pursue legal action to address the situation.
“The Society remains committed to defending judicial independence, the rule of law, and the constitutional rights of all Kenyans,” Kabata concluded.
The controversy follows Justice Mugambi’s order for Masengeli to submit himself to the commissioner general of prisons or face compulsory imprisonment.
Mugambi also allowed for a potential redemption if Masengeli appeared in court within seven days.
Despite an apology from SGB/VIP Commandant Lazarus Opicho, who had been summoned to explain the security withdrawal, the police proceeded to disarm and withdraw the judge’s security over the weekend.
