Chief Justice Martha Koome has issued a strong demand for the immediate reinstatement of Justice Lawrence Mugambi’s security, following an alarming incident that has raised significant concerns about judicial independence and intimidation. The call comes after Justice Mugambi’s security was reportedly withdrawn in the wake of his sentencing of Acting Inspector General of Police Gilbert Masengeli to six months in jail for contempt of court.
The dramatic development unfolded after Justice Mugambi’s ruling on Friday, which ordered Acting IG Masengeli to report to the commissioner general of prisons or face immediate incarceration. The judge’s decision was made in response to Masengeli’s failure to comply with court orders, an act that was seen as a direct challenge to judicial authority. However, the situation escalated when the police, allegedly in response to the sentencing, withdrew Justice Mugambi’s security over the weekend.
In a press briefing held at the Supreme Court buildings on Monday, CJ Koome, who is also the Chairperson of the Judicial Service Commission (JSC), condemned the act of intimidation and called for a swift reversal of the security withdrawal. “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,” Koome asserted.
The Chief Justice’s remarks underscored the gravity of the situation, describing the withdrawal of the judge’s security as a serious encroachment on judicial independence. Koome warned that such actions threaten to undermine the rule of law and could lead to a dangerous precedent where intimidation overrides justice. “Any encroachment on this independence puts our society at risk of descending into lawlessness, where might supersedes rights, and justice is subverted by intimidation,” she added.
The controversy has sparked widespread concern within the judiciary and among the public. The withdrawal of security from a sitting judge, especially in response to a judicial decision, is seen as an attempt to exert pressure and influence over the judiciary. Koome emphasized that such retaliatory measures are unacceptable in a democratic society, where the independence of the judiciary must be upheld at all costs.
Justice Mugambi had ordered Masengeli to present himself to prison authorities or face further legal action. The judge’s decision followed a prolonged period of non-compliance by the Acting IG, who had repeatedly failed to address court orders. Despite Masengeli’s conviction, there remains an avenue for appeal, which the Chief Justice noted should be pursued through the appropriate legal channels rather than through punitive measures against judicial officers.
The response from the police, including the disarming and withdrawal of the judge’s security, has been criticized as an overt act of retaliation. Koome cautioned that dissatisfaction with court rulings should not lead to punitive actions against judges. “We are aware that an appeal has been filed and is yet to be heard and determined. We caution however that retaliatory measures against a judge or judicial officer have no place in a democratic society,” she said.
In light of these developments, CJ Koome’s demand for the reinstatement of Justice Mugambi’s security is a critical step in reaffirming the judiciary’s role as an independent arbiter of justice. It is a reminder that judges must be able to perform their duties without fear or favor, ensuring that justice is administered fairly and without undue influence from any quarter.
As the situation unfolds, the judiciary and the public will be closely watching to see how the National Police Service responds to the Chief Justice’s demand and whether measures will be taken to restore the integrity and independence of the judicial system.
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