- The Senior Counsel Bar spelt out the provisions of Article 160 of the Constitution which he said unequivocally protects judicial independence.
- He said judges must be free to make decisions based solely on the law and evidence, without fear of retribution or interference from any quarter.
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The withdrawal of the security detail of Justice Lawrence has continued to attract uproar and condemnation, with the Senior Counsel Bar terming it an unjustified vengeful measure and abuse of the rule of law.
The Judicial Service Commission on Monday said Justice Mugambi’s security was withdrawn over the weekend after he sentenced acting Inspector General of Police, Gilbert Masengeli, to a six-month prison term for contempt of court.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 act of withdrawing the security of a sitting judge following a judicial decision that may displease the powerful is deeply concerning and must be condemned in the strongest terms possible,” Senior Counsel Bar chairperson Dr Fred Ojiambo said.
“This vengeful measure represents a direct assault on judicial independence, and is a direct affront to the rule of law and a violation of the principles enshrined in our Constitution.”
The senior counsel spelled out the provisions of Article 160 of the Constitution, which he said unequivocally protects judicial independence.
He said judges must be free to make decisions based solely on the law and evidence, without fear of retribution or interference from any quarter.
“As well put by the JSC, any encroachment on this sacred independence puts our society at risk of descending into lawlessness, where might supersede rights and justice is subverted by intimidation,” he said.
On Friday, September 13, Justice Mugambi committed Masengeli to a six-month jail term after finding him guilty of contempt of court.
The Constitutional and Human Rights Judge decided that the acting IG failed to appear before the court a record seven times to explain the whereabouts of three men who went missing in Kitengela on August 19, 2024.
Justice Mugambi issued an order for the immediate and unconditional release of the men who are believed to be in police custody, albeit extrajudicially.
The court extended several times the requirement for Masengeli to appear before the court to explain why its orders had not been complied with, but he was a no show on all occasions warranting the sentence.
The SCB called on all state actors, particularly the National Police Service and the offices that exercise the power to advise, to influence or direct the immediate restoration of Justice Mugambi’s security.
“In this regard, the SCB urges all persons of goodwill and authority to rise to the occasion and do what is morally right, lawful, and in the best interest of the country,” Ojiambo said.