Nairobi — Chief Justice Martha Koome has condemned the withdrawal of Justice Lawrence Mugambi's security after he handed acting Inspector General of Police Gilbert Masengeli a six-month jail term for contempt.
Speaking during a press conference, Koome described it as an assault on judicial independence.
She further stated that it is an affront to the rule of law, and a violation of the principles enshrined in our Constitution.
"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," Koome said.
Koome observed that 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.
The CJ indicated that such action erodes public trust in the independence of the courts undermining the foundation of the constitutional democracy posing a risk to disregard the institutions and descent them into lawlessness.
Koome urged the National Police Service, to immediately restore the security of Justice Mugambi and fulfill its constitutional duty to respect and enforce the decisions of the courts.
The CJ said if anyone is dissatisfied a judicial decision, they should use appropriate recourse by appealing to a higher court.
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"Indeed, we are aware that an appeal has been filed and is yet to be heard and determined. We caution however that retaliatory measures against a Judge or judicial officer have no place in a democratic society," she said.
The CJ strongly condemned the act of intimidation stating that the independence of the Judiciary is guaranteed under the Constitution and the Commission is resolute in defending it.
Last week, Mugambi sentenced Masengeli for 6 months for defying an order to present himself in court seven times.
Justice Lawrence Mugambi who was presiding over the case, had ordered Masengeli to present himself to the Commissioner of Prisons.
He however suspended the sentence for seven days to give him a chance to appear personally to explain the whereabouts of three political activists arrested by the police four weeks ago.
Mugambi earlier rejected Masengeli's plea to suspend his sentencing citing a late request.
Masengeli defied court orders to appear before court to answer allegations of abduction/arrest of three individuals Bob Micheni Njagi, Jamil Longton, and Salam Longton on the 19th of August, 2024 in Kitengela following a petition filled by the Law Society of Kenya.
