CJ Koome condemns withdrawal of Judge Mugambi's security, terms move an act of intimidation

Chief Justice Martha Koome has termed the withdrawal of High Court Judge Lawrence Mugambi's as an act of intimidation.

The move to withdraw Mugambi's security comes just three days after he sentenced Acting Police Inspector General Gilbert Masengeli to six months in prison for contempt of court.

The case stems from a petition filed by the Law Society of Kenya and others (Petition No. E436 of 2024), which was brought before the High Court after the alleged abduction of three individuals—Bob Micheni Njagi, Jamil Longton, and Salam Longton—on August 19, 2024. The petition sought a court order to compel authorities to produce the missing individuals.

Justice Mugambi, presiding over the case, issued a habeas corpus order demanding the immediate release of the three individuals. When the order was ignored, the court summoned IG Masengeli to explain the failure to comply.

Despite an extension, Masengeli did not appear in court despite several court summons, leading to contempt proceedings. On September 13, 2024, Justice Mugambi sentenced Masengeli to six months in prison for contempt.

Following the ruling, the National Police Service took action by disarming and withdrawing Judge Mugambi's security detail over the weekend, a move condemned by the Judiciary.

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 said.

She highlighted that judges’ security is an accrued benefit that cannot be removed arbitrarily.

"Security for judges is a necessary provision and cannot be withdrawn whimsically," she said.

She also warned that such actions send a "chilling message" to both the Judiciary and the public, undermining trust in the courts and eroding the foundations of democracy.

The CJ emphasised that any dissatisfaction with a judicial ruling should be addressed through legal channels, such as an appeal, not through retaliatory measures.

Koome further called on the National Police Service to immediately restore Judge Mugambi's security and fulfil their constitutional obligations.

"We caution that retaliatory measures against a Judge or judicial officer have no place in a democratic society. Judicial independence is not a privilege for Judges; it is the cornerstone of justice for all citizens," she said.

Koome also reaffirmed the Judiciary's commitment to upholding human rights, liberties, and the rule of law.

“Judges must be free to make decisions based solely on the law, without fear of retribution or interference. Any encroachment on this independence puts our society at risk of descending into lawlessness, where might supersede rights, and justice is subverted by intimidation,” she said.

The Law Society of Kenya (LSK), in a statement from its president, Faith Odhiambo, condemned the incident. The LSK highlighted that intimidating a judge has serious consequences that extend beyond the individual case as it undermines the administration of justice by implying that judicial decisions could be swayed by external influences rather than being based solely on the law.

This erosion of judicial independence threatens the core of constitutional democracy, which relies on an impartial and independent judiciary to protect rights.

"This action by the National Police Service constitutes an egregious violation of the rule of law and the principle of judicial independence as enshrined in the constitution. The LSK strongly condemns this retaliatory measure, which undermines not only the authority of the Judiciary but also the constitutional protections granted to all Kenyans," the statement read by Vice President Mwaûra Kabata stated.