Chief Justice Martha Koome has urgently called on the National Police Service to reinstate Justice Lawrence Mugambi’s security. The move comes in response to allegations that the judge’s protection was withdrawn following his sentencing of Acting Inspector General of Police Gilbert Masengeli to six months in prison.
On Monday, CJ Koome expressed deep concern over the security withdrawal, describing it as one of several issues troubling her. During a press briefing at the Supreme Court, Koome, who also chairs the Judicial Service Commission (JSC), condemned the act of intimidation. She assured the public that the judiciary remains steadfast in its commitment to justice despite the challenges.
“It is essential to recognize that judicial independence is not a privilege for judges but a fundamental principle of justice for all citizens. Judges must be able to make decisions based solely on the law, free from fear of retribution or interference,” Koome emphasized.
“Any encroachment on this independence puts our society at risk of descending into lawlessness, where might overrides rights, and justice is undermined by intimidation,” she added.
This statement from the judiciary follows the conviction and sentencing of Acting Inspector General of Police Gilbert Masengeli by Justice Lawrence Mugambi for contempt of court. On Friday, Justice Mugambi ordered Masengeli to report to the Commissioner General of Prisons.
“If he fails to comply, the CS Interior must take all necessary actions to ensure his commitment to prison to serve his sentence,” the judge stated.
However, Justice Mugambi also noted that Masengeli has the opportunity to avoid serving the sentence by appearing in court within the next seven days.
“The Acting Inspector General can redeem himself by personally appearing before this court to address the issues he has been evading. Failure to do so will result in the sentence taking effect,” the judge said.
Additionally, Justice Mugambi accepted an apology from SGB/VIP Commandant Lazarus Opicho, who had been summoned to court to explain why he had been calling Masengeli’s bodyguard and driver.
Despite the apology being accepted, police proceeded to disarm and withdraw the security of Justice Lawrence Mugambi over the weekend.
Chief Justice Martha Koome expressed grave concern over this action, noting that the withdrawal of a sitting judge’s security in response to a decision that displeased certain authorities is deeply troubling.
“It sends a chilling message to the judiciary and the public: that those tasked with upholding justice and protecting our rights can be intimidated, bullied, or retaliated against for their rulings,” Koome said.
She emphasized that parties dissatisfied with court decisions have the right to appeal and stressed that losing parties should not resort to punitive measures, as has been demonstrated by the police.
“We acknowledge that an appeal has been filed and is pending review. However, we caution that retaliatory actions against a judge or judicial officer have no place in a democratic society,” Koome added.
Judges, she stated, must be able to make decisions solely based on the law, free from fear of retribution or interference.
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