- The CJ on Monday raised concerns over the alleged withdrawal and said such an issue is one of the many others giving her sleepless nights.
- Koome said the act of withdrawing the security of a sitting Judge is deeply concerning.
Image: JUDICIARY/FILE
Chief Justice Martha Koome has demanded that the National Police Service immediately reinstate the security of Justice Lawrence Mugambi.
The judge's security was allegedly withdrawn after he sentenced the Acting Inspector General of Police Gilbert Masengeli to six months in prison.
The CJ on Monday raised concerns over the alleged withdrawal and said such an issue is one of the many others giving her sleepless nights.
In a press briefing at the Supreme Court buildings, Koome who is the Chairperson of the Judicial Service Commission (JSC) strongly condemned the act of intimidation and assured Kenyans they will continue to stand firm no matter what they face.
"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," said Koome.
"Any encroachment on this independence puts our society at risk of descending into lawlessness, where might supersede rights, and justice is subverted by intimidation," she added.
The statement by the judiciary follows after Masengeli was convicted and sentenced by the Judge for being in contempt of court.
Justice Mugambi on Friday ordered that he submit himself to the commissioner general of prisons.
"In the event, he doesn't submit himself CS Interior must take all steps to ensure he is committed to prison to serve sentence," said the Judge
Mugambi however said Masengeli may avoid serving the sentence if he appears in court within the next seven days.
"The acting Inspector General Masengeli can redeem himself by availing himself before this court in person to answer to the issues which he has been avoiding failure to do so the sentence will take effect," said the Judge.
He also accepted an apology offered by SGB/VIP Commandant Lazarus Opicho who had been summoned to court to explain why he was calling his bodyguard and driver.
As the apology was accepted, the police proceeded to disarm and withdraw the Judge's security over the weekend.
Koome said the act of withdrawing the security of a sitting Judge, following a decision that appeared to have displeased certain authorities, is deeply concerning.
" 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.
She explained that parties who are dissatisfied with court decisions are always allowed to appeal adding that those who lose should not result in punitive measures as has been taken by the police.
"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," said Koome.
Judges she said must be free to make decisions based solely on the law, without fear of retribution or interference.