The sudden withdrawal of security has sparked concerns over judicial independence and safety, with the Judicial Service Commission (JSC) issuing a strong condemnation of the incident.
Justice Mugambi’s ruling came after Masengeli was found in contempt of court for failing to comply with seven different habeas corpus orders issued by the High Court.
The orders sought the release of three individuals, Bob Micheni Njagi, Jamil Longton, and Salam Longton, who had been detained under questionable circumstances, with Mugambi noting that the non-compliance constituted a serious breach of the rule of law.
The Law Society of Kenya had filed a petition on behalf of the victims, demanding their immediate release. Despite repeated court orders, the Inspector General’s office failed to produce the detained individuals or provide any legitimate reasons for their continued detention, leading to the current legal action.
Justice Mugambi’s sentencing of Masengeli is seen as a significant judicial move in upholding the authority of the courts, yet it has drawn retaliatory action.
The decision to withdraw the judge’s security detail by the National Police Service is being viewed as an attempt to intimidate and undermine the Judiciary.
In a press briefing on 16th September 2024, Chief Justice Martha Koome, chair of the Judicial Service Commission, said that this action by the police represents a direct assault on the independence of the Judiciary.
She cited Article 160 of the Constitution, which guarantees the protection of judicial officers from external influence or interference.
The JSC called on the National Police Service to immediately restore Justice Mugambi’s security.
