BY SAM ALFAN.
Lobby group Katiba institute has moved to court seeking to compel the acting Inspector General of Police Gilbert Masengeli to reinstate security detail of High Court Judge Lawrence Mugambi.
In a petition under certificate of urgency, the lobby said the security officers should be reinstated by virtue of the judge’s position as a duly appointed Judge of the High Court.
The lobby group further want the court to issue a conservatory order restraining Masengeli or any State agency from interfering with the constitutional benefits attached to Justice Mugambi.
“Pending the heating of the Application, a conservatory order issue directing the 1st Respondent, the Inspector General of the National Police Service, and the 3 Respondent to file a report in Court within 24 hours detailing compliance with orders,” the lobby said in the petition.
Justice Mugambi’s security personnel were disarmed and withdrawn two days he found Masengeli guilty of contempt of court and sentenced him to six months imprisonment.
“The Respondents (IGP, Attorney General, Head of Judiciary Unit and National Police Commission) action of withdrawing Hon. Justice Lawrence Mugambi’s security detail without notice to the Judge or an explanation to the Judicial Service Commission renders the action arbitrary and contrary to the Constitution and further undermines judicial independence, the rule of law and constitutionalism,” says the lobby group.
Katiba adds that their actions are contrary to Article 160 of the Constitution, which guarantees judicial independence and is aimed at ensuring that judges render their services and execute their mandate independently and impartially, free from undue influence and intimidation.
“Article 160 provides that “judicial independence is only subject to the Constitution and the law and shall not be subject to the control of any person or authority”. While Article 160(4) provides that ‘the remuneration and benefits payable to, or in respect of, a judge shall not be varied to the disadvantage of that judge,” says the lobby group.
Accoridng to the lobby, the police’ capricious actions have placed a judicial officer under the sufferance of the acting Inspector General of Police, posing a permanent threat to the Judiciary’s independence.
“The Respondents’ actions threaten our nascent Constitution and the collective dreams of Kenyans for a government based on the essential Article 10 national values of human rights, freedom, democracy, and the rule of law, which bind every person- including the 1″ Respondent, the acting Inspector General of Police,” says the lobby.
Katiba adds that the danger of irreparably violating the Constitution, the threat of rendering the promise of judicial independence superfluous, and the imminence of converting our Constitutional democracy to a dictatorial state are real.
