High Court Judge Lawrence Mugambi has had his security detail removed following his sentencing of Acting Inspector General of Police Gilbert Masengeli to six months in prison for defying multiple court orders.
The abrupt withdrawal of security has raised alarms about judicial independence and safety, prompting the Judicial Service Commission (JSC) to issue a strong condemnation.
Justice Mugambi’s decision came after Masengeli was found in contempt of court for ignoring seven habeas corpus orders from the High Court. These orders demanded the release of Bob Micheni Njagi, Jamil Longton, and Salam Longton, who had been detained under questionable conditions. Mugambi criticized the non-compliance as a severe breach of the rule of law.
The Law Society of Kenya had petitioned for the victims’ immediate release, but the Inspector General’s office repeatedly failed to produce them or provide valid reasons for their detention, leading to the legal action.
Mugambi’s sentencing of Masengeli is considered a significant enforcement of judicial authority but has been met with retaliatory measures. The National Police Service’s decision to withdraw the judge’s security is being seen as an attempt to intimidate and undermine the judiciary.
In a press briefing on September 16, 2024, Chief Justice Martha Koome, chair of the JSC, condemned the police action as a direct attack on judicial independence. She referenced Article 160 of the Constitution, which protects judicial officers from external influence, and called on the National Police Service to promptly reinstate Justice Mugambi’s security.
