- The Constitutional Institute filed a case in court seeking to force the annulment of the decision to remove Judge Lawrence Mugambi's bodyguard and driver
- The Constitution Institute is calling for the safety of the judge, citing his status as a legitimately appointed high court judge.
- Justice Mugambi's security was removed two days after he sentenced Acting Inspector General Gilbert Masengeli to six months in prison for disobeying a court order.
Acting Inspector General of Police Gilbert Masengeli is under intense pressure to restore the security of High Court Judge Lawrence Mugambi.
Source: UGC
This is after the Institute of the Constitution submitted a request to compel the police service to revoke the decision to confiscate the guard judge and the driver.
What did activists say about the IG's decision?
The lobby group says that Masengeli's actions threaten the independence of the judiciary.
The institution wants the protection of the judge to be returned due to his position as a legally appointed high court judge, pending the hearing and decision of the case.
The Constitution Institute said they want protective orders to be issued to prevent Masengeli or any other government body from interfering with Mugambi's constitutional benefits.
“Pending the hearing of the application, the issue of a conservatorship order directing the 1st respondent, the Inspector General of the National Police Service, and the Judicial Protection unit to submit a report to the Court within 24 hours to explain compliance with the order,” the institute said.
They also want a restraining order to be issued pending the hearing of the petition to prevent the IG or any government agency from interfering with the constitutional benefits of any judge by virtue of his office as a validly appointed judge of the Supreme Court of Kenya.
“Pending the hearing of the request, the issue of the conservative order that prevents the Inspector General of the Police Force in the country or any government agency from interfering with the constitutional benefits of Honorable Judge Lawrence Mugambi for his position as an elected Judge of the Kisutu Resident Magistrate's Court. The High Court of Kenya,” looking for a group to influence.
When were the officers to protect Mugambi removed?
Mugambi's security was removed two days after the acting IG was sentenced to six months in prison for disobeying a court order.
The Constitution Institute says that on the same day, the Judicial Service Commission later confirmed that the government had confiscated Judge Magambi's weapons and removed his security detail.
“The action of the Respondent to remove the security detail of Judge Lawrence Mugambi without notification to the Judge or explanation to the JSC renders the action arbitrary and against the Constitution and further undermines the independence of the judiciary, the rule of law and compliance with the constitution,” says the lobby group.
The Constitution adds that their actions are contrary to Article 160 of the Constitution, which guarantees the independence of the judiciary and aims to ensure that judges provide their services and perform their duties freely and impartially, without undue influence and threats.
“Article 160 states that “the independence of the court is based only on the Constitution and the law and will not be under the control of any person or authority.” honor of, a judge shall not be changed to the detriment of that judge,” the lobby group says.
Masengeli denied bothering Judge Mugambi
Earlier yesterday, Masengeli denied allegations that the removal of Mugambi's security was intended to threaten the Court.
Masengeli stressed that despite having security officers who are supported to protect other government agencies, they remain under the command of the National Police Service, and the IG can assign them other tasks when he sees fit.
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Source: TUKO.co.ke
