Senior Counsels condemn intimidation meted on Justice Lawrence Mugambi

The Senior Counsel Bar (SCB) has expressed grave concern over the withdrawal of security for Justice Lawrence Mugambi following his ruling where he ordered Acting Inspector General of Police Gilbert Masengeli be jailed for six(6) months.

Acting IG Masengeli was jailed for contempt of court more than seven(7) times. However, he has a chance to redeem himself since the commence of jail term was deferred for a week for him to offer an explanation on why he should not serve the sentence. 

SCB In a strongly worded press statement Monday referred to the case where the Law Society of Kenya (LSK) and others sued Inspector General of Police and four(4) others, Petition No. E436 of 2024, where the defendants were required to attend court and explain the whereabouts of three(3) people abducted in Kitengela. 

The SCB condemned the action of withdrawing the security of Justice Mugambi, describing it as an attack on judicial independence and a dangerous precedent in the rule of law in Kenya.

The Judicial Service Commission (JSC), in an earlier press release, called attention to what it termed
"ostensibly intimidatory action" after Justice Mugambi’s official security was withdrawn.

The JSC linked this withdrawal directly to his decision in the LSK case, where he had ruled against the Kenya Police Service. 

The SCB echoed this sentiment.

"The withdrawal of his official security has the effect of not only cowering Justice Mugambi, but also sending a chilling message to the entire Judiciary, that ruling against the Kenya Police Service will not be allowed," read the statement by SCB Chairman Fred Ojiambo .

The SCB described the actions of the police as "illegal and unconstitutional," citing that they undermine the independence of the Judiciary.

Senior Counsels further emphasized that this incident threatens the very core principles of constitutionalism and the rule of law in the country.

Justice Mugambi, who presides over the Constitutional and Human Rights Division of the High Court, had directed the release of three young Kenyans believed to be held in police custody extrajudicially. 

According to the SCB, the National Police Service had not complied with this ruling, prompting further legal action. 

The Acting IG was later found guilty and sentenced on September 13, 2024, for contempt of court.

The SCB’s statement noted that the withdrawal of security over the weekend following this ruling was a “vengeful measure” and a direct assault on the Judiciary. 

The SCB cautioned that such actions erode public trust in the courts and could lead to lawlessness and anarchy in the country. 

"Judges must be free to make decisions based solely on the law and evidence, without fear of retribution or interference from any quarter," said Dr Ojiambo.

The SCB called upon all state actors, particularly the National Police Service, to restore the security of Justice Mugambi and ensure that court orders are respected and enforced.

"Such actions undermine the foundation of our constitutional democracy," he added.

The SCB reaffirmed their unwavering support for the rule of law and the independence of the Judiciary, stating that they will stand firm in the protection of human rights for all members of society.