The security detail assigned to High Court Judge Lawrence Mugambi has been withdrawn. This decision comes shortly after Judge Mugambi sentenced Acting Inspector General of Police Gilbert Masengeli to six months in prison for defying court summons.
Chief Justice Martha Koome has condemned the withdrawal, describing it as a direct attack on judicial independence. “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 stated.
The withdrawal of security has raised significant concerns about the safety and independence of the judiciary. Article 160 of the Kenyan Constitution 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. Chief Justice 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 lawful judicial actions.
The Judicial Service Commission (JSC) has called on the National Police Service to immediately restore Judge Mugambi’s security and uphold their constitutional duty to respect and enforce court decisions. The move to withdraw security has been seen as a chilling message to the judiciary and the public, suggesting that judicial officers can be intimidated or retaliated against for their rulings.
This incident underscores the ongoing challenges faced by the judiciary in maintaining its independence and upholding the rule of law in Kenya. The legal community and civil society groups have expressed their support for Judge Mugambi and called for the immediate reinstatement of his security detail.
As this situation develops, it remains crucial for all state actors to respect the independence of the judiciary and ensure that judges can perform their duties without fear of retribution.
