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JSC Strongly Condemns Withdrawal of Judge Mugambi’s Security Following Masengeli Sentencing

CH Reporter by CH Reporter
September 16, 2024
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The Judicial Service Commission (JSC) has strongly condemned the withdrawal of Justice Lawrence Mugambi’s security following his decision to sentence acting Inspector General of Police, Gilbert Masengeli, to six months in jail for contempt of court.

Chief Justice Martha Koome, addressing the media, expressed concern over the withdrawal of the judge’s security, stating that it was a troubling response to a judicial decision that displeased certain authorities.

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“The act of withdrawing security from a sitting judge following a judicial decision 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,” Koome emphasized.

She warned that such actions erode public trust in the independence of the courts and undermine the foundations of Kenya’s constitutional democracy. Koome highlighted that this move posed a serious risk of encouraging lawlessness and disrespect for the country’s institutions.

“If dissatisfied with a judicial decision, the appropriate recourse is to appeal to a higher court. We are aware that an appeal has been filed and is yet to be heard and determined,” she added, cautioning that retaliatory measures against judges have no place in a democratic society.

The JSC called on all state actors, particularly the National Police Service, to immediately restore Justice Mugambi’s security and uphold their constitutional duty to respect and enforce court decisions.

“We also urge the public and all stakeholders to remain vigilant in defending the sanctity of our Constitution and the rule of law, including the central role of judicial independence in protecting our democracy,” Koome concluded.

This statement comes amidst growing concern over interference with judicial officers following rulings that do not align with certain political or institutional interests.

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