Denis Mwangi

High Court Judge Justice Lawrence Mugambi has had his security detail withdrawn after sentencing the Acting Inspector General of Police, Gilbert Masengeli, to six months in prison for defying multiple court orders.

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.

Acting Police Inspector General Gilbert Masengeli

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.

Chief Justice Martha Koome speaks during a past function

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.

Justice Lawrence Mugambi during a past interview for the positions of Judge of the High Court

Chief Justice Martha Koome has said that this action by the police represents a direct assault on the independence of the Judiciary.

Judge's security withdrawn after sentencing acting IG Masengeli

Mumbi Mutuko

In a statement issued on Thursday the CJ stated that court activities will be scaled up from April 22 after reviews on the Covid-19 situation in the country.

The announcement comes a month after the judiciary announced they will be scaling down on activities as Kenyan pushed for social distancing to curb the spread of the novel coronavirus.

CJ Maraga stated that some appeals will be heard via video link and where not applicable in open court but with all parties following guidelines by the Ministry of Health.

"Operations shall be scaled up effective April 21. The Chief Registrar of the Judiciary shall liaise with the Ministry of Health and Heads of Stations to ensure adequate measures are put in place," the statement read in part.

This comes a month after the CJ had &nbsp;issued guidelines on court operations across the country.

In an internal memo sent to the president of the Court of Appeal, all principal judges, presiding judges, registrars and heads of stations, in March, CJ Maraga stated that members of the public will not be allowed entry into court premises.

Court guidelines in wake of coronavirus

The only persons allowed to visit the courts were those who had to file urgent matters.

“Heads of stations are hereby directed to inform security personnel accordingly and issue notices to that effect,'' the memo read.

CJ Maraga directed each court to maintain a skeleton staff of three officers who included; a court administrator and an assistant, who will handle urgent filings at the customer care desk.

He also ordered that each High Court station will have only one duty judge and one magistrate in each of the lower courts.

Chief Justice David Maraga has stated that suspects facing the law will be arraigned in courts within 24 hours.

Suspects to be arraigned in court within 24hrs- CJ Maraga

The Registrar of the High Court has responded in the case involving the battle for custody of a 9-year old girl after a Mwingi law court handed the custody to the girl's mother.

In a video circulating on social media, the girl rejected her mother who had abandoned her as a toddler in court where she cried clinging to her father.

The judiciary has denied allegations that it had suspended a Mwingi magistrate for handing over a minor to her mother.

“The child is with her father and the case will be heard on Wednesday. We cannot discipline magistrates for doing their work," Judiciary’s Chief Registrar Ann Amadi said.

"If there is any complaint, we will deal with it but so far there is none,” she added.

According to court documents, the girl's mother named as JKK and father named EMM has been embroiled in a bitter custody battle for three years.

The mother wanted her Ex-husband jailed for not handing over the minor to her as ordered by the courts.

However, the girl caused a scene while protesting to go with the mother as she clung to her father who has raised her for the last nine years.

Court documents indicated that the girl had been abandoned in a rental house by her mother when she was a year old.

EMM told the court that he received distress calls from neighbours asking him to go and collect the minor who had been abandoned in a rental house.

He went to the rental house and took the minor and he has since been living with her and catering for all her needs.

CJ David Maraga with Chief Registrar Ann Amadi

Mother had abandoned the girl when she was a 1-year-old

Judiciary acts after 9-year-old girl refuses to live with mother who was given custody

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