WITHDRAWAL OF SECURITY FOR HON. JUSTICE LAWRENCE MUGAMBI

HAKI Africa is deeply alarmed and condemns, in the strongest terms, the retaliatory actions taken by the National Police Service against Hon. Justice Lawrence Mugambi, following his lawful execution of judicial duties. The disarming and withdrawal of his security detail is not only an egregious violation of judicial independence but also a blatant affront to the rule of law and constitutionalism in Kenya.

Hon. Justice Mugambi, in the course of his duty, issued a habeas corpus order in Petition No. E436 of 2024, directing the release of three missing individuals allegedly abducted on the 19th of August, 2024. The refusal of authorities to comply with this court order has now led to the contempt of court proceedings and sentencing of the Acting Inspector General of Police. In a disturbing twist, the police have responded to this lawful ruling by removing the security of the presiding judge – an act that can only be interpreted as an attempt to intimidate and punish a judicial officer for upholding the law.

This unwarranted act of retribution against a sitting judge is a clear attack on the Judiciary, which is constitutionally mandated to remain independent and free from interference. It signals a dangerous shift towards a culture where impunity reigns, and those who seek to uphold justice and accountability face retaliation from state actors. This undermines not only judicial independence but also the very fabric of Kenya’s democracy.

Judges, as custodians of the law, must be able to make decisions without fear of persecution or coercion. The withdrawal of Hon. Justice Mugambi’s security sends a chilling message to the Judiciary and human rights defenders across the country – that their safety is contingent on their alignment with the state’s interests, not on the impartial administration of justice.

HAKI Africa demands that the National Police Service immediately reinstate the security detail of Hon. Justice Mugambi and cease any further actions that undermine judicial authority.

HAKI Africa calls on the Acting Inspector General, Masengeli, to comply with the court order and present himself before the court. Should he fail to do so, we urge the Cabinet Secretary for the Ministry of Interior to ensure his arrest and detention. If these steps are not taken, we, the citizens,

will invoke Section 35 of the Criminal Procedure Code to carry out a citizen’s arrest and ensure his compliance with the law. No one is above the law.

Judicial independence is not just a cornerstone of democracy; it is a non-negotiable principle that safeguards the rights and freedoms of all Kenyans. We must remain vigilant against any attempts to erode these values, as failure to do so will lead to a breakdown in law and order, where the powerful operate with impunity and the public loses faith in the institutions meant to protect them.

HAKI Africa stands in solidarity with the Judiciary and urges all Kenyans to join in condemning this attack on our justice system. We must protect the rule of law, defend the independence of our courts, and ensure that justice is delivered without fear or favor.

Yusuf M. Aboubakar

Executive Director

HAKI Africa