Chief Justice Martha Koome has called for the immediate reinstatement of Justice Lawrence Mugambi’s security detail, following its withdrawal over the weekend after a contempt ruling against the Acting Inspector General of Police, Gilbert Masengeli.
CJ Koome in a statement seen by Tukio.co.ke described the action as a direct assault on judicial independence and a violation of constitutional principles.
Justice Mugambi’s security was allegedly withdrawn after he sentenced Masengeli to six months in prison for contempt of court.
“This punitive measure is a clear violation of Article 160 of the Constitution, which protects judicial independence. The judiciary must not be subjected to intimidation or interference from any authority,” said CJ Koome.
The Chief Justice urged the National Police Service to immediately restore Justice Mugambi’s security and fulfill its constitutional duty to respect judicial decisions.
She also reassured Kenyans that the Judiciary would remain firm in defending human rights, the rule of law, and judicial independence.
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“The act of withdrawing the security of a sitting judge sends a chilling message to the Judiciary and the public: that those entrusted with upholding justice can be intimidated or retaliated against for their rulings,” Koome warned adding ,”We caution that retaliatory measures against a judge have no place in a democratic society,”
Koome said that Judicial independence is not a privilege but a cornerstone of justice for all citizens.
Justice Mugambi presided over the case Law Society of Kenya & 3 Others v. Inspector General of Police & 4 Others (Petition No. E436 of 2024), involving the disappearance of three individuals.
Mugambi issued a habeas corpus order for their immediate release, which was ignored by the police, leading to the contempt proceedings.
