By The Weekly Vision
Security officers assigned to Justice Lawrence Mugambi were disarmed and withdrawn on Saturday, just a day after he sentenced Acting Inspector General Gilbert Masengeli to six months in prison for contempt of court. In what appears to be an attempt to intimidate the judiciary, AI Masengeli, who ignored court summons seven times, ordered the withdrawal of the security without offering any justification. This move has set a concerning precedent. Chief Justice Martha Koome expressed her alarm, warning that such encroachment on judicial independence threatens to plunge society into lawlessness.
Sources revealed that the decision to withdraw security was made following a meeting of senior government and security officials, raising fears of possible government involvement in the recent abduction and disappearance of three men from Kitengela. CJ Koome condemned the act, stressing that judicial independence is not a privilege for judges but a fundamental principle of justice for all citizens. Speaking at a press conference at the Supreme Court, she reaffirmed that judges must be free to make decisions based solely on the law without fear of retaliation.
“The Judicial Service Commission (JSC) strongly condemns this intimidation and assures judges, judicial officers, and staff that judicial independence is protected by the Constitution, and the Commission will stand firm in defending it,” Justice Koome said. She added that undermining the courts’ independence risks descending into a state where force overrides rights and justice is subverted by intimidation.
Justice Mugambi has been presiding over a case brought by the Law Society of Kenya (LSK) and others against the Inspector General of Police, following allegations of the abduction and arrest of three individuals—Bob Micheni Njagi, Jamil Longton, and Salam Longton—on August 19, 2024.
In response, Justice Mugambi issued a habeas corpus order for their immediate release, which the authorities have failed to comply with. The court subsequently summoned the Acting Inspector General of Police to explain the disregard for the order, but he repeatedly ignored the summons. As a result, Masengeli was found in contempt and sentenced on September 13, 2024.
The Law Society of Kenya, through its President Faith Odhiambo, also condemned the withdrawal of security, urging the police to comply with court orders, including the habeas corpus directive. Odhiambo stressed that judicial independence is not merely a privilege of the judiciary but a critical safeguard of justice for all Kenyans. She reaffirmed LSK’s commitment to defending judicial independence, human rights, and the rule of law.
Senior Bar Counsel, an association of senior legal practitioners, also expressed outrage at the withdrawal, calling it an unjustified and retaliatory act. The association’s president, veteran lawyer Fred Ojiambo, warned that such actions pose a serious risk to the administration of justice by implying that judicial decisions can be influenced by external pressures rather than the law.
Judicial independence, Ojiambo noted, is vital to safeguarding rights and maintaining a functioning constitutional democracy. He called for the immediate reinstatement of Justice Mugambi’s security to preserve the integrity of the judiciary.
