JSC Responds Swiftly Following Withdrawal of Security for Judge Who Sentenced Acting Police IG

The Judicial Service Commission (JSC) has voiced grave concern following the withdrawal of security assigned to High Court Judge Lawrence Mugambi.

In a statement on Monday, September 16, the JSC condemned the move by the National Police Service, calling it a serious threat to judicial independence and the rule of law.

"The withdrawal of security sends a chilling message not only to the judiciary but to the public as well. It suggests that those who uphold the law can be subjected to retaliation," the JSC warned, adding that such actions erode public confidence in Kenya’s judicial system.

The JSC pointed to Article 160 of the Constitution, which protects judicial independence by ensuring that judges are not subject to external influence.

File image of Chief Justice Martha Koome

The commission emphasized that the ability of judges to perform their duties without fear or favor is central to the rule of law.

This development follows Justice Mugambi’s ruling in a high-profile habeas corpus case involving three individuals who were allegedly abducted and detained by state authorities.

On August 19, 2024, Justice Mugambi issued a court order demanding the immediate release of the detainees. 

Despite this, the authorities failed to comply with the order, prompting further legal action.

On September 13, the court found the Acting Inspector General of Police Gilbert Masengeli in contempt after repeated refusals to comply with the order. 

File image of Acting Inspector General of Police Gilbert Masengeli

Shortly after this ruling, the police withdrew the armed security detail assigned to Justice Mugambi.

The JSC views this action as a punitive response to the judge's decision, a move it says undermines the independence of the judiciary.

The commission called on the relevant authorities to immediately restore the security of Justice Mugambi and urged all stakeholders to respect court decisions.

It warned that any further encroachments on judicial independence could destabilize the country’s democratic framework.