Respect Judiciary - KMJA tells State actors

The Kenya Magistrates and Judges Association has asked all state actors to accord the judiciary the respect it deserves.

In a statement issued on Tuesday, KMJA Vice President Rhoda Yator lamented that there was a troubling pattern of intimidation against judicial officers which reflects the developing culture to undermine the judiciary. 

"Article 160 of the Constitution provides clear safeguards against such interference, yet we find ourselves contending with a disturbing trend that not only threatens individual Judges and Judicial Officers but also the rule of law itself," she said. 

Yator noted that so far, there have been two recent incidences threatening the safety and independence of the judiciary.

She cited the case of Justice Lawrence Mugambi, whose security was withdrawn over the weekend.

Mugambi is presiding over a case concerning allegations of abduction in which he issued habeas corpus orders, which were ignored.

Habeas corpus order requires one to produce someone held in custody before a judge. 

The Judge then issued orders summoning Acting Inspector General of Police Gilbert Masengeli, but the same was ignored.

On Friday, Masengeli was convicted and sentenced by Justice Mugambi for contempt of court.

The Judge ordered that he submit himself to the commissioner general of prisons, adding that Masengeli might avoid serving the sentence if he appeared 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," he said.

Following the orders, Mugambi's security detail was withdrawn, with Masengeli on Monday saying the officers were recalled for training.

"The two officers, who were general duty officers, were recalled to attend VIP security courses. We are aware that suitable arrangements were made to ensure that Hon. Mugambi's security was always assured," he said.

Yator also noted the case of Honourable Kadhi Abdiaziz Maalim Mohamed who faced aggressive and threatening behaviour on Monday.

This was during a visit from Likoni MP Mishi Mboko at the Mombasa Kadhis Court, who stormed into the Kadhi's chambers seeking to challenge a decision which had been already rendered.

This was regarding a case involving Mboko's alleged relative and which matter had been concluded.

Yator said instead of engaging in a constructive dialogue, the MP resorted to loud confrontations, accompanied by threats and accusations of corruption against not just the Kadhi, but the entire judiciary.

"The Hon Kadhi advised her on the appropriate legal steps to take, to no avail. The public witnessed a chaotic scene in the court, where the MP’s aggressive tactics created a serious disruption," Yator said.

Yator called upon the society as a whole to come out and denounce the acts of intimidation and reaffirm the commitment to judicial independence. 

She noted that judges and judicial officers must be able to carry out their duties without fear of retribution, and any grievances should be directed through legitimate and lawful channels.

"To all state actors, particularly the National Police Service, we join the Hon Chief Justice of the Republic of Kenya in demanding the immediate restoration of Hon Justice Mugambi’s security and a commitment to ensuring a safe working environment for all Judges and Judicial Officers," Yator said.

She urged the public to stand in solidarity with the judiciary, saying its support is critical in protecting the sanctity and independence of the courts.

"As guardians of our rights and liberties, the Judiciary must be shielded against threats and intimidation. Any infringement upon its independence poses significant risks to our democracy," she said.

Yator also urged all judges and judicial officers to continue steadfast in their commitment to serving all Kenyans with integrity and honour.