Activists, opposition leaders file petition over withdrawal of Judge Mugambi’s security

The Kenya Judges Welfare Association have lodged a formal complaint with the Independent Policing Oversight Authority (IPOA) over the withdrawal of High Court Judge Lawrence Mugambi's security.

The Katiba Institute and activist Julius Ogogoh have also filed petitions demanding that Acting police Inspector General Gilbert Masengeli reinstate the security personnel previously assigned to Judge Mugambi.

Additionally, opposition figures, including Nark Kenya's Martha Karua, have called on the National Police Service Commission to hold Masengeli accountable or resign due to contempt of court.

Justice Mugambi’s security was withdrawn just three days after he sentenced Masengeli to six months in prison for contempt of court. Chief Justice Martha Koome confirmed the move in a statement on Monday, describing it as an act of intimidation.

In the filed petitions, the Judges' Welfare Association have accused a police officer, identified only as Riri, of allegedly executing a directive to remove the judge's security and driver.

According to the association, Inspector Riri, who is affiliated with the Judiciary Police Unit at the Supreme Court, instructed Judge Mugambi’s driver and bodyguard to surrender their firearms and report back to the GSU Headquarters.

Justice Patrick Otieno, President of the Judges’ Welfare Association, criticised the action, noting that the removal of security details is unconstitutional.

“We remind Inspector Riri and those supporting his unlawful actions that providing security to a judge is not a privilege but a constitutional right that cannot be revoked without violating the constitution,” Otieno said.

He also called for Masengeli to issue a public apology to the judiciary.

At the same time, opposition leaders including Karua, Thirdway Alliance party leader Ekuru Aukot, and Dr. Mukhisa Kituyi, demanded that the National Police Service Commission take decisive action against Masengeli.

“It is shocking that the Commission has remained silent while its employee disregards the law. The Commission needs to act. If they are unable to do their job due to fear of the current administration, they should resign and stop taking public funds for duties they are not performing,” Karua said.

Haki Africa, a human rights organisation based in Mombasa, has further urged Interior Cabinet Secretary Kithure Kindiki to ensure that court orders are enforced.

Haki Africa's Executive Director, Yusuf Abubakar, called on Masengeli to comply with legal directives and present himself before the court.

“Should he fail to do so, we urge the Cabinet Secretary to ensure his arrest and detention,” Abubakar said.

The organisation condemned what it describes as retaliatory actions by the National Police Service against Judge Mugambi following his lawful judicial duties.

In view of the foregoing, the IPOA has announced that it is investigating the withdrawal of Justice Mugambi's security detail.

“IPOA has instituted investigations into the alleged withdrawal pursuant to Section 6 of the Independent Policing Oversight Authority Act. Cap 86 Laws of Kenya. The investigations will inform recommendations, including but not limited to prosecution, where culpability is established,” IPOA Chief Executive Officer Elema Halake said in a statement on Tuesday.

Halake acknowledged that the High Court issued several summonses to the IG, which were not honoured and led to him being found in contempt of court and subsequently sentenced.

“Failure to honour summons is unlawful and violates Article 244 of the Constitution. It sets a dangerous precedent which encourages impunity and disregard for the rule of law,” Halake said.