The Judicial Service Commission (JSC) has condemned the withdrawal of the security detail of Justice Lawrence Mugambi by the National Police Service (NPS).
The JSC notes that this action is of grave concern and that it not only undermines judicial independence but also threatens the core principles of the rule of law and constitutionalism of the country.
This happened after the Acting Inspector General of police failed to comply with the habeas corpus order issued by Justice Lawrence Mugambi, a judge of the High Court, directing the immediate and unconditional release of three individuals Bob Micheni Njagi, Jamil Longton, and Salam Longton on the 19th of August 2024, who had allegedly been abducted by police.
“Justice Mugambi, presiding over the case, issued a habeas corpus order directing the immediate and unconditional release of the three individuals. This order has to date not been complied with,” said Chief Justice (CJ) Martha Koome during a press conference at the Supreme Court Building in Nairobi.
The CJ claimed that the court summoned the acting Inspector General (IG) of Police to explain the failure to comply with the habeas corpus order but the acting IG of Police ignored the summons.
“Despite an extension granted to accommodate the acting IG’s availability in the court, the summons were ignored,” stated Koome.
“In the wake of this ruling, a disturbing action was taken by the NPS over the weekend: the security detail assigned to Justice Mugambi was disarmed and withdrawn. 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,” she added.
The CJ cited Article 160 of the Constitution which unequivocally protects judicial independence, stating that the Judiciary is subject only to the Constitution and the law, and shall not be subject to the control or direction of any person or authority and therefore, security for Judges is an accrued benefit that cannot be withdrawn whimsically.
“The act of withdrawing the security of a sitting Judge, following a judicial decision that displeased certain authorities, is deeply concerning. Such actions erode public trust in the independence of the courts, undermine the very foundation of our constitutional democracy and pose a risk to disregard of our institutions and descent into lawlessness,” cautioned Koome.
Further, the CJ urged Kenyans that if anyone is dissatisfied with a judicial decision, the appropriate recourse is to appeal to a higher court as she cautioned that retaliatory measures against a Judge or judicial officer have no place in a democratic society.
“Judges must be free to make decisions based solely on the law, without fear of retribution or interference. Any encroachment on this independence puts our society at risk of descending into lawlessness, where might supersedes rights, and justice is subverted by intimidation”, she reiterated.
The JSC, Koome continued, calls upon all state actors, particularly the National Police Service, to immediately restore the security of Justice Lawrence Mugambi and fulfill their constitutional duty to respect and enforce the decisions of the courts.
“We also urge the public and all stakeholders to remain vigilant in defending the sanctity of our Constitution and the rule of law, including defending the central role played by judicial independence in protecting our democracy,” encouraged Koome.
She, on behalf of the JSC, strongly condemned this act of intimidation and assured Judges, Judicial Officers and Staff that the independence of the Judiciary is guaranteed under the Constitution and the Commission is resolute in defending it.
By Mwendwa Mwenda and Patience Mabonga
