After the Acting Inspector General of Police ordered the withdrawal of the security details of High Court Judge Hon. Justice Lawrence Mugambi’s now the Chief Justice, Martha Koome has demanded that the National Police Service immediately reinstate the security of Justice Lawrence Mugambi.
Speaking during a press briefing, Koome described it 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. 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,” Koome said.
The Security details were withdrawn after he sentenced Acting IG Gilbert Masengeli to six months in prison for defying seven court orders.
The CJ raises concerns over the alleged withdrawal and says such an issue is one of the many others giving her sleepless nights.
Mugambi had been assigned security after he raised concerns about being surveilled by police officers concerning multiple summonses of the acting IG.
According to the judge, senior police officers had made several inquiries of Mugambi’s whereabouts, reaching out to his driver and bodyguard.
The commandant of Security of Government Buildings Lazarus Opicho was at the centre of the controversy.
However, appearing before the court on Friday under the summon of Judge Mugambi, Opicho said that the calls were made out of genuine concerns for the judge’s security, especially after the shooting of a magistrate at Makadara Law Courts.
He then apologized to the judge saying, “After the Makadara Law Court shooting incident, I found it prudent to personally call the police assigned to the judge for a briefing,” Opicho said.
Asked why he had chosen to contact his aides instead of him directly, Opicho apologized for that as well and promised to be more direct the next time.
“I endeavor to serve you diligently and all the judicial officers and this will not happen again,” Opicho stated.
Noting that the Acting IG was holding the judge at ransom, Judge Mugambi consequently sentenced him to 6 months in prison after missing court summons 7 times.
The CJ said if anyone is dissatisfied with a judicial decision, they should use appropriate recourse by appealing to a higher court.
“Indeed, we are aware that an appeal has been filed and is yet to be heard and determined. We caution however that retaliatory measures against a Judge or judicial officer have no place in a democratic society,” she said.
Masengeli defied court orders to appear before the court to answer allegations of abduction/arrest of three individuals Bob Micheni Njagi, Jamil Longton, and Salam Longton on the 19th of August, 2024 in Kitengela following a petition filed by the Law Society of Kenya.
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