Chief Justice Martha Koome, while addressing the media at the Supreme Court on Monday, said: “We demand that the National Police Service immediately reinstates Justice Lawrence Mugambi’s security.”
All this started after Mugambi had jailed Acting Inspector General Gilbert Masengeli for six months. “Withdrawal of security from a judge is intolerable and disturbing,” Koome further said.
Koome, who chairs the Judicial Service Commission, said judicial independence is a core principle of justice. “Judicial independence is not a privilege but the cornerstone of justice,” she said. “Judges have to make decisions based only on the law.”
She condemned any attempt at intimidating judges. “Encroaching on judicial independence risks lawlessness,” warned Koome. “Might should not supersede rights. Justice should not be subverted by intimidation.”
Mugambi had ordered Masengeli to present himself to prison. “If Masengeli fails to comply, the CS Interior must ensure he is committed,” Mugambi said.
Masengeli may not go to jail if he shows up in court within seven days. “He can redeem himself by appearing in court to answer the issues,” Mugambi said.
In a surprise move over the weekend, police withdrew Mugambi’s security. Koome criticized the move. “Withdrawing a judge’s security following a ruling is deeply worrying,” she said.
She termed the withdrawal a chilling message to the judiciary and the public. “It insinuates that judges can be intimidated for their rulings,” Koome said.
Koome said that perceived grievances against court decisions should not be punitive in nature. “Those dissatisfied with a ruling have an avenue for appeal,” she said. “Censure of judges under the umbrella of democratic society is never right.” Koome reiterated that judges needed to feel secure in their work. “Judges must decide only based on the law and nothing else interferes,” she conclude
