The security detail and driver of High Court Judge Lawrence Mugambi have been disarmed and withdrawn, days after he sentenced acting Inspector-General of Police Gilbert Masengeli to six months in prison for contempt.
Chief Justice Martha Koome made the revelation on Monday as she led the Judicial Service Commission, which she heads, in condemning the move by police bosses.
CJ Koome to NPS: Stop intimidation, restore Justice Mugambi's security
Justice Koome said Justice Mugambi’s bodyguard and his driver, who is also a police officer, were ordered to report back to police headquarters for instructions, and requests by the JSC to get them back were not responded to.
“This is a direct assault on judicial independence and an affront to the rule of law. Security of the judges is an accrued benefit that cannot be withdrawn,” Koome said at The Supreme Court in Nairobi.
Terming the move as intimidation, Judge Koome asked the National Police Service to restore the security of Justice Mugambi immediately.
“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,” the CJ said.
Justice Koome added that such actions erode public trust in the independence of the courts, undermine the very foundation of the country’s constitutional democracy and pose a risk to disregard of institutions and descent into lawlessness.
Justice Mugambi sentenced Mr Masengeli to six months imprisonment for defying several court summons, as he was required to explain the whereabouts of three missing men who were allegedly abducted by police officers last month.
Mr Masengeli was first summoned to appear in court on August 26 to explain on the whereabouts of activist Bob Micheni Njagi and two brothers Jamil and Aslam Longton.
The three were abducted separately on August 19, by persons believed to be police officers and bundled into white waiting vehicles never to be seen again.
Last week, Justice Mugambi ordered Mr Masengeli to present himself to the Commissioner General of the Kenya Prisons Service (KPS) to commence his sentence.
“In the event that Gilbert Masengeli does not submit himself to the Commissioner General of KPS as ordered. The Cabinet Secretary for Interior and National Security must take all steps that are necessary and permissible in law to ensure that he (Mr Masengeli) is committed to prison to commence serving the sentence imposed on him,” said the judge in the ruling on September 13.
The judge added that Mr Masengeli could avoid serving the sentence if he complies with the directive to obey the court summons and appears in persons, within seven days.
Justice Koome noted that following the ruling, the security detail assigned to judge Mugambi were disarmed and withdrawn.
“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,” she said.
The CJ said article 160 of the Constitution unequivocally protects judicial independence, and the Judiciary shall not be subject to the control or direction of any person or authority.
She said 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.
“Security for Judges is an accrued benefit that cannot be withdrawn whimsically,” she said.
The commandant of the SGB/VIP unit Mr Lazarus Opicho was also summoned by the judge last week after being indicted for calling the judge’s driver and bodyguard, seeking to know his whereabouts.
Chief Justice Koome said if the police boss was dissatisfied with the decision, the appropriate recourse is to appeal to a higher court.
She said she was aware that an appeal had been filed and it is yet to be heard but cautioned that retaliatory measures against a judge or judicial officer have no place in a democratic society.
