On Saturday, security officers assigned to Justice Lawrence Mugambi were disarmed and withdrawn, just one day after he sentenced acting Inspector General Gilbert Masengeli to six months in prison for contempt of court.
The withdrawal of security is seen as an attempt to undermine justice through intimidation and impunity. Masengeli, who had previously ignored seven court summons, ordered the removal of Mugambi’s security without providing any justification, creating a dangerous precedent.
Chief Justice Martha Koome condemned the action, describing it as disturbing and warning that such encroachment on judicial independence threatens to push society into lawlessness. Koome expressed concern that the withdrawal of security might be linked to government interference, particularly in light of Masengeli’s failure to explain the whereabouts of three men from Kitengela, who had gone missing.
“Judicial independence is not a privilege for judges; it is the cornerstone of justice for all citizens,” Koome said at a press conference at the Supreme Court Building. She emphasized that judges must be able to make decisions based solely on the law, without fear of retaliation or interference.
“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. We are resolute in defending it,” she added.
Koome further warned that any encroachment on judicial independence risks leading society into lawlessness, where might overrides rights and justice is compromised by intimidation. She called on all State actors, especially the National Police Service (NPS), to immediately restore Justice Mugambi’s security and uphold their constitutional duty to respect and enforce court decisions.
She also urged the public and stakeholders to remain vigilant in defending the constitution and the rule of law, asserting that the Judiciary will continue to uphold human rights, liberties, and the rule of law.
In a statement, the Judicial Service Commission (JSC) condemned the action, emphasizing that it not only undermines judicial independence but also threatens the core principles of the rule of law and constitutionalism in Kenya.
Justice Lawrence Mugambi has been handling the case brought by the Law Society of Kenya (LSK) and others against the Inspector General of Police and four other individuals. This case emerged from allegations that Bob Micheni Njagi, Jamil Longton, and Salam Longton were abducted and arrested on August 19. LSK sought a court order to compel the authorities to produce the missing individuals.
Justice Mugambi issued a habeas corpus order demanding the immediate and unconditional release of the three individuals. However, this order has not been complied with to date. When the Acting Inspector General of Police was summoned to explain the non-compliance, the summons were ignored despite extensions granted to accommodate his availability.
The ongoing defiance led to contempt of court proceedings, culminating in the Acting Inspector General being found in contempt and sentenced on September 13. In response to this ruling, the National Police Service withdrew the security detail assigned to Justice Mugambi over the weekend.
“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,” Chief Justice Martha Koome said.
She expressed deep concern that withdrawing a judge’s security following an unwelcome judicial decision sends a chilling message: that those upholding justice can be intimidated or retaliated against for their rulings. Such actions, Koome warned, erode public trust in the judiciary, undermine constitutional democracy, and risk leading to a disregard for our institutions and a descent into lawlessness.
On September 13, Commandant Lazarus Opicho of the SGB/VIP unit issued an apology to Justice Lawrence Mugambi for contacting his bodyguard and driver to inquire about his whereabouts. This apology came after Justice Mugambi issued a summons for Opicho to explain his actions. Following the apology, Justice Mugambi accepted it and discharged Opicho.
Yesterday, the Law Society of Kenya (LSK) called on the National Police Service and other relevant state actors to immediately restore Justice Mugambi’s security detail. In a statement delivered by LSK President Faith Odhiambo, she urged the police to comply with court orders, including the habeas corpus directive, stating that failure to do so not only constitutes contempt but also shows a disregard for constitutional principles.
“We call on the Executive and all arms of government to respect the principle of separation of powers 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.
She assured Kenyans that LSK remains committed to defending judicial independence, the rule of law, and constitutionalism, emphasizing that intimidation of a judge undermines the administration of justice and suggests that decisions could be influenced by external pressures rather than the law.
The Senior Bar Counsel, which comprises senior legal practitioners, also expressed outrage at the withdrawal of Justice Mugambi’s security, condemning it as an affront to judicial independence. “
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 Fred Ojiambo, President of the Bar and a veteran lawyer.
“Judges must be free to make decisions based solely on the law and evidence, without fear of retribution or interference from any quarter,” Ojiambo added, demanding that the state and the National Police Service immediately reinstate Justice Mugambi’s security.
