Chief Justice Martha Koome has condemned the withdrawal of a judge’s security detail as an alarming breach of judicial independence, following the judge’s ruling in a high-profile habeas corpus case. In a strong rebuke, Koome called on state authorities to respect the rule of law, warning that such actions threaten the integrity of Kenya’s democracy.
Chief Justice Martha Koome has denounced the withdrawal of security provided to High Court Judge Lawrence Mugambi, describing the move as a direct attack on judicial independence. This follows Judge Mugambi’s ruling, where he sentenced the Acting Inspector General of Police to six months in prison for contempt of court.
The Judicial Service Commission (JSC), chaired by Koome, issued a press statement on Monday addressing what it called “a deliberate and punitive measure” after Judge Mugambi had presided over a case involving the alleged abduction of three individuals. Despite issuing a habeas corpus order for their release, the police had failed to comply, leading to the contempt ruling against Acting Inspector General of Police David Masengeli. In a further show of defiance, the security detail assigned to the judge was removed over the weekend.
“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,” said Chief Justice Koome during the press briefing. She added that the move not only undermined the courts but also sent a disturbing message to the public about the vulnerability of the Judiciary to political and institutional retaliation.
Article 160 of the Kenyan Constitution guarantees judicial independence, ensuring that judges are subject only to the Constitution and the law, without control from external forces. The security of judges, Koome stressed, is not a privilege but an essential protection that should not be whimsically revoked based on their rulings. “Judicial independence is not a privilege for judges; it is the cornerstone of justice for all citizens,” Koome emphasized.
The case that triggered these actions involves the Law Society of Kenya and three others, who petitioned the court over the disappearance of Bob Micheni Njagi, Jamil Longton, and Salam Longton on August 19. Despite court orders for their immediate release, the police have failed to produce the three individuals, sparking widespread concern over the disregard for judicial rulings.
In her remarks, Chief Justice Koome highlighted that retaliatory measures like the removal of security send a chilling message to the entire legal system. “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,” she said.
The Chief Justice’s condemnation was unequivocal, warning that such actions risk eroding public trust in the courts and could lead to a breakdown in the rule of law. “Any encroachment on judicial independence puts our society at risk of descending into lawlessness, where might supersedes rights, and justice is subverted by intimidation,” she said.
Koome, in her capacity as Chief Justice, also reaffirmed the JSC’s commitment to defending the independence of the Judiciary. “The JSC calls upon all state actors, particularly the National Police Service, to immediately restore the security of Hon. Justice Lawrence Mugambi and fulfill their constitutional duty to respect and enforce the decisions of the courts,” she stated.
Meanwhile, the JSC confirmed that an appeal against Judge Mugambi’s ruling has been filed, but Koome was clear in asserting that any dissatisfaction with a court decision should be handled through lawful means. “If dissatisfied with a judicial decision, the appropriate recourse is to appeal to a higher court,” she remarked, cautioning against attempts to undermine judicial officers in the course of their duties.
