Nairobi — The Kenya Magistrates and Judges' Association (KMJA) has demanded the reinstatement of Justice Lawrence Mugambi's bodyguards while denouncing attacks of Mombasa Kadhis Court Principal Kadhi Abdiaziz Maalim Mohamed by Likoni MP Mishi Mboko.
In a statement on Monday, Vice President of the Association Rhoda Yator said the two incidents amount to violations of Article 160 of the Constitution which provides clear safeguards against interference of the independence of the Judiciary.
KMJA said defying the law creates a worrying tendency that not only puts the rule of law in jeopardy but also individual judges and judicial officers.
Yator, a Senior Principal Magistrate based in Nairobi, said the withdrawing of Mugambi's security detail, which amounted to "effectively disarming him", is a blatant violation of Article 160 of the Constitution, which protects judicial independence.
"This troubling pattern of intimidation reflects a developing broader culture that seeks to undermine the very institutions designed to uphold justice," said Yator.
The association echoed sentiments by Chief Justice Martha Koome that the recall of Justice Mugambi's security was a chilling message to all Judges and Judicial Officers, signaling that they may face severe consequences for upholding the law.
Yator referenced a related incident in Mombasa where Likoni MP Mishi Mboko stormed into Kadhi's chambers on Monday and sought to challenge the decision the Kadhi had already rendered regarding a case involving her alleged relative.
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She says the MP created serious disruptions creating a chaotic scene witnessed by the public.
"Instead of engaging in a constructive dialogue, the MP resorted to loud confrontations, accompanied by threats and accusations of corruption against not just the Kadhi, but the entire Judiciary," Yator noted.
She appealed for public support against infrigement of judicial independence.
"In light of these grave threats, we must come together as a society to denounce these acts of intimidation and reaffirm our commitment to judicial independence," she said.
KMJA issued the statement hours after the National Police Service (NPS) confirmed recalling two bodyguards assigned to Justice Mugambi amid a contest over a contempt ruling in whichh he sentence Acting Inspector General of Police Gilbert Masengeli to six months in jail.
However, the NPS denied a plot to intimidate judges.
While affiring its institutional independence, NPS said it made necessary arrangments to ensure Justice Mugambi's safety while recalling two bodguards assigned to him to take up training courses.
NPS insisted that the Inspector General is responsible for the independent command of the police, and no person may give the IG a direction regarding "the employment, assignment, promotion, suspension, or dismissal of any member of the National Police Service."
