By Steve El Sabai
The Law Society of Kenya (LSK) has strongly condemned the withdrawal of security for High Court Judge, Hon. Mr. Justice Lawrence Mugambi, following his issuance of a habeas corpus order in the case of Law Society of Kenya & 3 Others v. Inspector General of Police & 4 Others.
The case, which culminated in contempt proceedings against the Acting Inspector General of Police, resulted in a contempt of court ruling and sentencing on September 13, 2024. In what appears to be a retaliatory move, the National Police Service withdrew Justice Mugambi’s security detail, a decision that has sparked widespread concern within the legal community.
In a press statement released by the LSK, the organization highlighted the gravity of this action, describing it as a direct assault on the independence of the judiciary. “This is an egregious violation of the rule of law and an attack on the judicial independence guaranteed under Article 160 of the Constitution,” the statement reads. The LSK stressed that judicial officers must be free to make lawful decisions without fear of intimidation or coercion.
The withdrawal of the judge’s security is seen as particularly alarming given the broader context of the case, in which the National Police Service had already demonstrated a troubling disregard for court orders. The LSK pointed out that the police’s defiance of the habeas corpus order reflected a dangerous trend of impunity, where law enforcement agencies operate without accountability.
The statement also reiterated that any party dissatisfied with a court’s decision should seek redress through proper legal channels, such as an appeal, rather than resorting to punitive measures against members of the judiciary. “The intimidation of a judge has far-reaching implications beyond the individual involved. It undermines the foundation of our constitutional democracy,” the LSK warned.
Calling on the National Police Service to immediately reinstate Justice Mugambi’s security, the LSK also urged the Executive and other state actors to respect the principle of separation of powers and to uphold the rule of law. The LSK assured the public that it would continue to stand firm in defending judicial independence and protecting the constitutional rights of all Kenyans.
The withdrawal of Justice Mugambi’s security has sparked widespread concern, with legal professionals, human rights advocates, and ordinary citizens alike fearing for the future of the judiciary’s autonomy in Kenya. As the situation develops, the LSK remains committed to ensuring that the judiciary remains free from external pressures and threats.