Security Attached To Judge Who Sentenced Acting Police IG Gilbert Masengeli Withdrawn

The security detail attached to High Court Judge Lawrence Mugambi has been immediately withdrawn.

This comes two days after the judge sentenced acting Inspector General of Police Gilbert Masengeli to six months in prison. Masengeli was found guilty of contempt of court after failing to appear at the Milimani Law Courts in Nairobi for the sixth time.

Chief Justice Martha Koome, while addressing the media over the matter, confirmed that "a disturbing action was taken by the National Police Service over the weekend: the security detail assigned to Hon. Justice Mugambi were disarmed and withdrawn."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 slammed.

She 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.

"Additionally, any benefits or conditions of service related to a Judge's position, including their security, must not be varied to their disadvantage, particularly in retaliation for the lawful execution of their judicial duties. Security for Judges is an accrued benefit that cannot be withdrawn whimsically," she continued.

“The act of withdrawing the security of a sitting Judge, following a judicial decision that displeased certain authorities, is deeply concerning. It sends a chilling message to the Judiciary and the public at large: that those entrusted with upholding justice and safeguarding our rights can be intimidated, bullied, or retaliated against for their rulings."

The Chief Justice thus called on all state actors, especially the National Police Service, to immediately restore the security of Justice Mugambi.

Mugambi had been assigned security after he raised concerns about being stalked by police officers concerning several summonses issued to the acting IG. According to the judge, senior police officers had made several inquiries of Mugambi's whereabouts, reaching out to his driver and bodyguard.

The commandant of Security of Government Buildings Lazarus Opicho was at the centre of the controversy, having been the one calling the driver and the bodyguard. However, appearing before the court on Friday under the summon of Judge Mugambi, Opicho said that the calls were made out of genuine concerns for the judge's security, especially after the shooting of a magistrate at Makadara Law Courts.

In an apology to the judge, he said “After the Makadara Law Court shooting incident, I found it prudent to personally call the police assigned to the judge for a briefing."

Asked why he had chosen to contact his aides instead of him directly, Opicho apologised for that as well and promised to be more direct the next time. “I endeavour to serve you diligently and all the judicial officers and this will not happen again," Opicho stated.

Noting that the Acting IG was holding the judge at ransom, Judge Mugambi consequently sentenced him to 6 months in prison after missing court summons up to seven times, though Masengeli is yet to start serving his sentence although he has been given a period of seven days to present himself.

When Masengeli was found guilty, Judge Mugambi on Monday, September 9 ruled that the interim police boss held the court at ransom and ought to be punished accordingly. According to the ruling, Masengeli must abide by the Constitution being a public official.

Masengeli had instead sent his Deputy Eliud Lagat, the Deputy Inspector General of the Kenya Police Service, to represent him at the High Court to answer for the disappearance of two siblings and an activist in Kitengela Town.