BY SAM ALFAN.
Judicial Service Commission (JSC) has condemned the withdrawal of security detail of High Court judge Lawrence Mugambi days after sentencing acting Inspector General of Police Gilbert Masengeli to jail for six months.
The JSC through its chairperson Martha Koome termed the action as an attack on judicial independence, an affront to the rule of law, and a violation of the Constitution.
Chief Justice Koome said Article 160 of the Constitution 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,” said the CJ.
Justice Koome said the security for Judges is an accrued benefit that cannot be withdrawn whimsically.
The move was also condemned by Law Society of Kenya (LSK) and senior counsel bar through it’s chairman Fred Ojiambo.
“We reassure Kenyans that the Judiciary will continue to stand firm in protecting human rights, liberties and the rule of law,” said JSC.
CJ Koome said it is crucial to remember that judicial independence is not a privilege for Judges; it is the cornerstone of justice for all citizens.
“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,” said the commission.
Last week Justice Mugambi sentenced Masengeli to six months’ imprisonment for disobeying court summons.
The judge ordered Masengeli to submit himself to the Commissioner General of the Kenya Prisons Service to start his sentence.
Justice Mugambi said in the event Masengeli does not submit himself to the prisons boss, then the Cabinet Secretary for Interior and National Security must take all steps to ensure that Masengeli is committed to Prison.
The court, however, suspended the decision for seven days, giving a chance to Masengeli to still appear before him.
“I thus, suspend this sentence for Seven (7) days only. The Acting Inspector General of Police can redeem himself and comply by availing himself before the Court in person to answer to the issues he has been avoiding within Seven (7) days. In default, the Sentence shall automatically become effective,” ruled judge Mugambi.
Several lawyer has condemned the move through social media. Former Law Society of Kenya President Eric Theuri added his voice by saying that the withdrawal of Judge Mugambi’s security is a harbinger of things to come. Blatant disregard of the law and coup on the Constitution.
“Human rights will lose meaning & the freedoms we enjoy rendered meaningless. It’s a cynical race to the bottom. The idea seems to be testing the limits. Every time pushing back, slowly but relentlessly until it becomes normal,” said Theuri.
Also Nelson Havi former LSK President condemned the move saying that Interior CS Kindiki Kithure and PS Interior Raymond Omolo must now be removed from office for undermining the independence of the Judiciary by directing or acquiescing to the withdrawal of the bodyguard of Justice Lawrence Mugambi.
“Justice Lawrence Mugambi should now be definitively tactical in dealing with the Executive and fly without perching like Eneke. He should act suo moto and refer the file to the Chief Justice to appoint 5 Judges to hear the matter of the habeas corpus for the missing 3 Kenyans,” Havi said through a tweet.
City lawyer Donald Kipkorir added his voice saying the move by acting Inspector General Gilbert Masengeli to withdraw the Judge security was the worst thing ever.
“Withdrawing the security of High Court Judge, Justice Lawrence Mugambi is the dumbest & stupidest thing Police Acting IG Gilbert Masengeli has done. He has shredded his career & that of his family. US & EU will never grant him & his family visas for such puerile acts against Rule of Law,” tweeted lawyer Kipkorir.
