STATEMENT ON THE INTIMIDATION AND WITHDRAWAL OF THE SECURITY DETAIL OF JUSTICE LAWRENCE MUGAMBI
The Judicial Service Commission (JSC) has convened this press briefing to address a matter of grave concern – an action that not only undermines judicial independence but also threatens the core principles of the rule of law and constitutionalism in our country.
As is now publicly known, Hon. Mr. Justice Lawrence Mugambi, a Judge of the High Court, has been presiding over the case of Law Society of Kenya & 3 Others v. Inspector General of Police & 4 Others, Petition No. E436 of 2024. This case was filed in court following allegations of abduction/arrest of three individuals – Bob Micheni Njagi, Jamil Longton, and Salam Longton – on the 19th of August, 2024. This led to the filing of Petition No. E436 of 2024 before the Constitutional and Human Rights Division of the High Court, seeking a court order to compel the authorities to produce the missing individuals.
Hon. Justice Mugambi, presiding over the case, issued a habeas corpus order directing the immediate and unconditional release of the three individuals. This order has, to date, not been complied with. Following this, the court summoned the Acting Inspector General of Police to explain the failure to comply with the habeas corpus order. Despite an extension granted to accommodate the Acting Inspector General’s availability in court, the summons was ignored. The continued defiance culminated in contempt of court proceedings, where the Acting Inspector General was subsequently found in contempt and sentenced on the 13th of September, 2024.
In the wake of this ruling, a disturbing action was taken by the National Police Service over the weekend: the security detail assigned to Hon. Justice Mugambi were disarmed and withdrawn. 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.
Article 160 of the Constitution unequivocally protects judicial independence, stating that the Judiciary is subject only to the Constitution and the law, and shall not be subject to the control or direction of any person or authority. Additionally, any benefits or conditions of service related to a Judge’s position, including their security, must not be varied to their disadvantage, particularly in retaliation for the lawful execution of their judicial duties. Security for Judges is an accrued benefit that cannot be withdrawn whimsically.
The act of withdrawing the security of a sitting Judge, following a judicial decision that 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. Such actions erode public trust in the independence of the courts, undermine the very foundation of our constitutional democracy and pose a risk to disregard of our institutions and descent into lawlessness.
If dissatisfied with a judicial decision, the appropriate recourse is to appeal to a higher court. Indeed, 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.
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. Any encroachment on this independence puts our society at risk of descending into lawlessness, where might supersedes rights, and justice is subverted by intimidation.
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. We also urge the public and all stakeholders to remain vigilant in defending the sanctity of our Constitution and the rule of law, including defending the central role played by judicial independence in protecting our democracy.
We reassure Kenyans that the Judiciary will continue to stand firm in protecting human rights, liberties and the rule of law.
Additionally, the JSC strongly condemns this act of intimidation and assures Judges, Judicial Officers and Staff that the independence of the Judiciary is guaranteed under the Constitution and the Commission is resolute in defending it.
Hon. Justice Martha K. Koome, EGH
Chief Justice and Chairperson of the Judicial Service Commission
