The Judicial Service Commission has protested against reports of the intimidation and the withdrawal of the security detail of High Court judge Lawrence Mugambi days after he sentenced acting Inspector-General of police Gilbert Masengeli to prison.
JSC, in a statement on Monday said that the security detail assigned to the judge were disarmed and withdrawn over the weekend following the Friday ruling when Justice Mugambi sentenced Masengeli to prison.
Chief Justice Martha Koome, said that the actions by the National Police Service, pointed to acts of intimidation by the police following the sentencing of the acting IG.
In her statement, the CJ added that the measures taken by NPS, were deliberate and punitive actions aimed at assaulting the independence of the Judiciary.
She added that the move, was also an affront to the rule of law and a violation of the principles enshrined in our Constitution.
“A disturbing action was taken by the National Police Service over the weekend. The security detail assigned to Justice Mugambi were disarmed and withdrawn. This deliberate and punitive measures represent a direct assault on judicial independence, an affront to the rule of law and a violation of the principles enshrined in our Constitution,” Koome said.
“Article 160 of the Constitution unequivocally protects judicial independence, stating that the Judiciary is subject only to the Constitution and the law, and shall not be subject to the control or direction of any person or authority,” she added.
The move by NPS, comes just days after the High Court judge sentenced Masengeli to six months in prison, after the acting IG failed to honour summons to appear in court.
Justice Mugambi, instead ordered the acting IG to surrender himself to the commissioner general of prisons to begin his sentencing and also asked cabinet secretary for interior Kithure Kindiki to ensure that Masengeli served the sentence.
“Gilbert Masengeli is sentenced to six months imprisonment. Masengeli is ordered to commit himself to the commissioner-general of prisons to ensure that he is committed to a prison facility to commence serving his sentence of the imprisonment imposed,” justice Mugambi ruled.
“In the event that he does not submit himself to the commissioner general of prisons, the cabinet secretary for interior must make sure that all steps that are necessary and permissible in law are taken to ensure that Masengeli is committed to prison to commence serving the sentence imposed on him,” the judge added.
Masengeli’s no-show came despite his request that he be granted an extension to appear before the judge as he was on official duty in Mombasa.
The petitioners in the case, through lawyer Nelson Havi, questioned how long the court will allow the acting IG to ignore court summons at his will and even send his deputy to appear on his behalf.
Masengeli is expected to explain the whereabouts of three individuals Jamil Longton, his brother Aslam Longton, and activist Bob Njagi, who were reportedly abducted by individuals believed to be police officers on August 19, 2024, amid the Gen Z protests.
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