Police Declare War on Judges After Gilbert Masengeli Jail Sentence
The tension between the executive and judiciary escalated further on Monday as Chief Justice Martha Koome criticized the police for withdrawing security from a judge who had jailed the acting police chief for contempt of court.
The standoff between the two branches had somewhat subsided after an intense conflict earlier in January, where President Ruto accused the judiciary of corruption, frustrated by court orders that had blocked key government policies.
During that period, CJ Koome had strongly condemned the “threats and statements” made against the judiciary, calling them an attack on the Constitution and the rule of law, warning they could lead to chaos.
Following weeks of tension, a meeting at State House had led to a tentative truce between the two parties. However, this fragile peace was broken with a fresh confrontation involving the withdrawal of a judge’s security detail.
CJ Koome disclosed that the National Police Service had removed the security assigned to Justice Lawrence Mugambi. This action followed the judge’s sentencing of the acting Inspector General of Police, Gilbert Masengeli, to six months in jail.
Justice Mugambi’s bodyguards and driver were reportedly withdrawn over the weekend, one day after the judge sentenced Mr. Masengeli for defying court orders.
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The judge had also called in senior police officer Lazarus Opicho last week for allegedly spying on him ahead of a hearing where Mr. Masengeli was summoned to explain the disappearance of three men.
Officer Opicho appeared in court to apologize, but Mr. Masengeli failed to attend, leading to his sentencing. CJ Koome decried this move as an act of intimidation and an attack on judicial independence.
The Chief Justice demanded the immediate reinstatement of Justice Mugambi’s security, stating that altering the benefits or conditions of service for a judge, particularly as a retaliatory measure, was unacceptable.
Mr. Masengeli’s imprisonment came after he failed to account for the whereabouts of activist Bob Micheni Njagi and two brothers, Jamil and Aslam Longton, who were allegedly abducted by police during protests in Kitengela.
The Law Society of Kenya (LSK) had filed a habeas corpus petition in response to the men’s disappearance, noting that they had been active in protesting the government’s finance bill.
The two Longton brothers were reportedly abducted in Kitengela, while Mr. Njagi was taken by masked men later the same day. Their continued disappearance prompted LSK to seek their production in court.
Justice Mugambi ordered the police to either release the men or produce them in court, though authorities denied holding them in custody.
Speaking at the Supreme Court, Justice Koome emphasized that judges’ security is a non-negotiable benefit and cannot be arbitrarily withdrawn.
She warned that removing a judge’s security after a contentious ruling undermines public trust in the judiciary and threatens the constitutional democracy of the nation.
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In sentencing Mr. Masengeli, Justice Mugambi ordered him to surrender to the Commissioner General of the Kenya Prisons Service to serve his six-month sentence.
The judge, however, suspended the sentence for seven days, allowing Mr. Masengeli to comply with the court’s directive to appear in person, failing which the sentence would automatically take effect.
CJ Koome highlighted Article 160 of the Constitution, which safeguards judicial independence, stressing that no authority has the right to influence the judiciary’s decisions.
She described the police’s actions as a clear violation of the Constitution and urged any dissatisfied party to seek redress through legal appeals rather than retaliatory measures.
The Chief Justice confirmed that an appeal has been filed but warned that retaliatory actions against a judge have no place in a democratic society.
Police Declare War on Judges After Gilbert Masengeli Jail Sentence
