Security officers attached to Justice Lawrence Mugambi were on Saturday disarmed and later withdrawn just a day after he convicted and sentenced acting Inspector General Gilbert Masengeli to six months in prison for contempt of court.

In an apparent move to subvert justice through intimidation and impunity, the defiant Masengeli who snubbed court summons seven times withdrew the security without justification or explanation, setting a very dangerous precedent.

The withdrawal was announced yesterday by Chief Justice Martha Koome who termed the action disturbing and warned that such encroachment on the court’s independence puts the society at risk of descending into lawlessness.

Sources told People Daily the instructions were issued after a meeting by senior government and security officials, raising fears that there could be the government’s hand in the abduction and disappearance of the three men from Kitengela, whom Masengeli was summoned to explain their whereabouts.

Judicial independence

Koome yesterday condemned the withdrawal, saying it was crucial to remember that judicial independence is not a privilege for judges as it is the cornerstone of justice for all citizens.

While addressing a press conference at the Supreme Court Building where she stated that judges must be free to make decisions based solely on the law, without fear of retribution or interference.

“Additionally, the Judicial Service Commission (JSC) strongly condemns this act of intimidation and assures judges, judicial officers and staff that the independence of the Judiciary is guaranteed under the Constitution and the commission is resolute in defending it,” Justice Koome said.

JSC also said encroachment on the court’s independence puts the society at risk of descending into lawlessness, where might supersede rights, and justice is subverted by intimidation.

Koome has called upon all State actors, particularly the National Police Service (NPS) to immediately restore the security of Justice Mugambi and fulfil their constitutional duty to respect and enforce the decisions of the courts.

She also urged the public and all stakeholders to remain vigilant in defending the sanctity of our constitution and the rule of law, including defending the central role played by judicial independence in protecting our democracy. We reassure Kenyans that the Judiciary will continue to stand firm in protecting human rights, liberties and the rule of law, she said.

Rule of law

In the statement, JSC said the action not only undermines judicial independence but also threatens the core principles of the rule of law and constitutionalism in our country.

Mugambi has been presiding over the case of the Law Society of Kenya (LSK) and others against the Inspector General of Police and four others.

The case was filed in court following allegations of abduction and arrest of three individuals – Bob Micheni Njagi, Jamil Longton, and Salam Longton – on August 19.

LSK was seeking a court order to compel the authorities to produce the missing individuals.

Justice Mugambi, presiding over the case, issued a habeas corpus order directing the immediate and unconditional release of the three individuals.

They said the order has, to date, not been complied with. Following this, the court summoned the Acting Inspector General of Police to explain the failure to comply with the habeas corpus order. Despite an extension granted to accommodate the Acting Inspector General’s availability in court, the summons was ignored.

The continued defiance culminated in contempt of court proceedings, where the Acting Inspector General was subsequently found in contempt and sentenced on September 13.

In the wake of this ruling, JSC said a disturbing action was taken by the National Police Service over the weekend: the security detail assigned to Justice Mugambi was disarmed and withdrawn.

“This deliberate and punitive measure represents a direct assault on judicial independence, an affront to the rule of law, and a violation of the principles enshrined in our Constitution”, the CJ said.

The act of withdrawing the security of a sitting Judge, following a judicial decision that displeased certain authorities, is deeply concerning.

Koome said 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.

Such actions erode public trust in the independence of the courts, undermine the very foundation of our constitutional democracy and pose a risk of disregarding our institutions and descent into lawlessness.

On September 13, the Commandant of SGB/VIP unit Lazarus Opicho apologized to Justice Mugambi for calling his bodyguard and driver asking to know his whereabouts. This is after the judge issued a summons for him to appear and explain why he made the call. After rendering his apology, Justice Mugambi accepted and discharged him.

Yesterday, the Law Society of Kenya also called upon the National Police Service and all relevant state actors to immediately reinstate the security detail of Justice Mugambi.

In a statement delivered by LSK President Faith Odhiambo, she urged the police to comply with the orders of the court, including the habeas corpus directive, as failure to do so is not only contemptuous but also indicative of a disregard for constitutional principles.

“We call on the Executive and all arms of government to respect the principle of separation of power and to uphold the rule of law, Judicial independence is not merely a privilege for the Judiciary but a cornerstone of justice for all Kenyans” Odhiambo said. Further, LSK assures all Kenyans that it remains committed to defending judicial independence, the rule of law, and constitutionalism.

We will continue to advocate for the protection of human rights and the integrity of our democratic institutions, LSK said.

Odhiambo said intimidation of a Judge has far-reaching implications beyond the individual involved. It poses a significant risk to the administration of justice, as it suggests that all decisions can be influenced by external pressures rather than by the law.

The erosion of judicial independence undermines the foundation of our constitutional democracy, where rights are safeguarded by an impartial and independent judiciary.

The Senior Bar Counsel, which brings together senior counsel also expressed outrage at the withdrawal of Justice Mugamb’s security, terming it an affront to the independence of the judiciary.

“To all right-thinking members of the public, that action appears to be unwarranted, unjustified and an extravagant exercise of overreach. This vengeful measure represents a direct assault on judicial independence and is a direct affront to the rule of law and a violation of the principles enshrined in our constitution,” said the Bar’s President, veteran lawyer Fred Ojiambo in a statement.

“Judges must be free to make decisions based solely on the law and evidence, without fear of retribution or interference from any quarter,” he went on, demanding that the state and the National Police Service in particular immediately reinstate Justice Mugambi’s security.