- They further said that judicial decisions do not apply to a few individuals but to everyone regardless of position or status.
- This is even as two Kitengela families are still searching after their loved ones were abducted by unknown people last month.
Image: FILE
The Defenders Coalition has questioned the move to withdraw security details for High Court judge Justice Lawrence Mugambi.
Mugambi serves in the Constitutional and Human Rights Division.
The Judicial Service Commission said Justice Mugambi’s security was reportedly withdrawn over the weekend after he sentenced acting Inspector General of Police, Gilbert Masengeli, to a six-month prison term for contempt of court.
The Defenders Coalition, a human rights group, said the move is a violation of the constitution.
They called for the immediate reinstatement of Justice Mugambi's security detail.
"At the same time, we call on the state to ensure the safety and the presentation of the trio to their family or before a court of law," they said in a statement on Monday.
Defenders Coalition termed the withdrawal of the security detail as a move to threaten and intimidate Justice Mugambi.
"This action violates Article 260 of the Constitution, which mandates security provisions for state officers, including judges, due to the nature of their duties. We emphasize that judges are entitled to security, and this benefit cannot be arbitrarily revoked," the statement reads.
"Such withdrawal of the judge’s security detail is only tantamount to threats and intimidation of judges in the exercise of their constitutional mandate of defending the rule of law and democracy."
According to the organisation, the Basic Principles on the Independence of the Judiciary provide that the independence of the judiciary shall be guaranteed by the state and enshrined in the Constitution or the law of the country.
Therefore, they said all governmental and other institutions must respect and observe the independence of the judiciary.
"It is appreciated that the country’s courts cannot be arm-twisted to render decisions contrary to the provisions of the law, facts, and any evidence adduced before them. We reiterate that judicial independence in its very nature ensures that access to justice, the rule of law, democratic processes, rights, and freedoms are upheld in a democratic setting."
They further said that judicial decisions are not applicable to a few individuals but to everyone regardless of position or status.
This is even as two Kitengela families are still searching after their loved ones were abducted by unknown people last month.
Boby Njagi, Aslam Longton, and Jamil Longton were taken on August 19.
The Defenders Coalition said they are concerned about the whereabouts of Human Rights Defenders.
IG Masengeli was summoned by the court to shed light on the alleged enforced disappearance of the trio.