Senior Counsel Bar protests security withdrawal for Justice Mugambi » Capital News
NAIROBI, Kenya, Sep 17 – Senior Counsel Bar Chairperson Fred Ojiambo has protested the security withdrawal for Justice Lawrence Mugambi after sentencing acting Inspector General of Police Gilbert Masengeli to serve a six-month jail termfor contempt of court.
Ojiambo termed the decision to withdraw Justice Mugambi official security as unconstitutional stating thatthe actundermines the independence of judges.
“This illegal and unconstitutional reaction by an armed section of the Executive arm of Government, not only undermines judicial independence, but also threatens the core principles of the rule of law and constitutionalism in our country,” he said.
He maintained that the Senior Counsel Bar supported a decision by the Judicial Service Commission (JSC) to oppose the act after the Commission on Monday demanded immediate reinstatement of Justice Mugambi’s security detail.
“The withdrawal of his official security has the effect of not only cowering Mr. Justice Mugambi, but also sending a chilling message to the entire Judiciary, that ruling against the Kenya Police Service will not be allowed,” he stated.
Ojiambo said the decision to withdraw Justice Mugambi security following the ruling he rendered last week of handing over the acting Inspector General of Police Gilbert Masengeli a six-month jail term for contempt of court threatens the independence of judiciary which should operate freely without interference from other arms of government.
He said the action intimidate judges who delivers justice to the people.
“The Senior Counsel Bar fully supports the protest by the Judicial Service Commission against the ostensibly intimidatory action taken in connection Hon. Mr. Justice Lawrence Mugambi clearly on account of the decision he rendered last week,” he said.
Masengeli was sentenced for 6 months for defying an order to present himself in court seven times.
Justice Lawrence Mugambi, who was presiding over the case, had ordered Masengeli to present himself to the Commissioner of Prisons.
He however suspended the sentence for seven days to give him a chance to appear personally to explain the whereabouts of three political activists arrested by the police four weeks ago.
Mugambi earlier rejected Masengeli’s plea to suspend his sentencing citing a late request.
Masengeli defied court orders to appear before court to answer allegations of abduction/arrest of three individuals Bob Micheni Njagi, Jamil Longton, and Salam Longton on the 19th of August, 2024 in Kitengela following a petition filed by the Law Society of Kenya(LSK).
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