The Kenya Magistrates and Judges Association (KMJA) has called on all state actors to show the judiciary the respect it deserves. In a statement issued on Tuesday, KMJA Vice President Rhoda Yator expressed concern about a troubling pattern of intimidation against judicial officers, which she believes undermines the judiciary and the rule of law.
Yator pointed out that Article 160 of the Constitution provides clear safeguards against such interference, yet the judiciary continues to face threats. She highlighted two recent incidents that have raised alarms about the safety and independence of the judiciary.
One notable incident involved Justice Lawrence Mugambi, who had his security detail withdrawn over the weekend. Justice Mugambi is overseeing a case involving allegations of abduction, in which he issued habeas corpus orders that were not complied with. Habeas corpus requires that someone held in custody be brought before a judge.
Justice Mugambi subsequently issued orders summoning Acting Inspector General of Police Gilbert Masengeli, which were also ignored. On Friday, Masengeli was convicted and sentenced by Justice Mugambi for contempt of court. The judge directed Masengeli to present himself to the Commissioner General of Prisons, warning that he could avoid serving the sentence by appearing in court within the next seven days.
“The acting Inspector General Masengeli can redeem himself by availing himself before this court in person to address the issues he has been avoiding. Failure to do so will result in the sentence taking effect,” Justice Mugambi stated.
In response, Masengeli announced that the security officers assigned to Mugambi had been recalled for training. “The two officers, who were general duty officers, were recalled to attend VIP security courses. We are aware that suitable arrangements were made to ensure that Hon. Mugambi’s security was always assured,” Masengeli said.
The Kenya Magistrates and Judges Association (KMJA) has urged state actors to respect the judiciary following a series of intimidating incidents. KMJA Vice President Rhoda Yator expressed concerns over the recent threats to judicial independence and integrity.
Yator highlighted that despite Article 160 of the Constitution safeguarding against such interference, the judiciary still faces significant challenges. Two recent incidents underscore these issues:
1. Justice Lawrence Mugambi: His security detail was withdrawn after he issued habeas corpus orders in a high-profile abduction case. When these orders were ignored, Justice Mugambi summoned Acting Inspector General of Police Gilbert Masengeli, who also failed to comply. On Friday, Masengeli was sentenced by Justice Mugambi for contempt of court, with instructions to report to the Commissioner General of Prisons or face the sentence.
2. Security Withdrawal: Following these developments, Masengeli stated that Mugambi’s security officers were recalled for training, but assured that suitable arrangements were in place to ensure Mugambi’s safety.
KMJA’s statement reflects ongoing concerns about the judiciary’s ability to operate without undue interference or intimidation.
