Nairobi — The National Police Service (NPS) has denied a plot to intimidate judges following the withdrawal of bodyguards assigned to Justice Lawrence Mugambi terming the move administrative.
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.
"The two officers, being general duty officers, were recalled for purposes of attending VIP security courses. We are aware that suitable arrangements were made to ensure that Hon. Mugambi's security was always assured," Masengeli said.
NPS issued the statement on Tuesday in response to Monday's hard-hitting condemnation by the Judicial Service Commission (JSC) led by Chief Justice Martha Koome.
The JSC linked the move to Justice Mugambi's judgement handing Acting Inspector General of Police Gilbert Masengeli a six-month jail term for contempt of court.
NPS insisted that the Inspector General is responsibile 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."
The police service assured the country that the security of all Kenyans, Judges included remains their prime consideration.
"Nonetheless, the IG may accord additional security detail to specific persons based on the nature of assignments being undertaken by such persons and the threat levels, which their responsibilities may attract," NPS said.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
'Chilling message'
CJ Koome had described the withdrawal of the Security personal 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," she said.
"It (the act) 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.
She urged the NPS, to immediately restore the security of Justice Mugambi and fulfill its constitutional duty to respect and enforce the decisions of the courts.
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.
She said persons disatisfied by court decisions should appeal to higher courts.
"We caution however that retaliatory measures against a Judge or judicial officer have no place in a democratic society," she said.
