STATEMENT ON THE WITHDRAWAL OF SECURITY DETAIL OF HON JUSTICE LAWRENCE MUGAMBI

Monday, 16 September 2024, Nairobi

The Defenders Coalition expresses concern over the withdrawal of security detail for Hon. Justice Lawrence Mugambi, a High Court Judge in Kenya’s Constitutional and Human Rights Division. This action violates Article 260 of the Constitution, which mandates security provisions for state officers, including judges, due to the nature of their duties. We emphasize that judges are entitled to security, and this benefit cannot be arbitrarily revoked.

The withdrawal of the security details comes in the wake of the judicial decision by the Hon Judge to find the Acting Inspector General of Police in contempt of court orders requiring him to give a detailed account of the whereabouts of two human rights defenders namely Bob Njagi, Jamil Longton and his brother Aslam Longton. Such withdrawal of the Judge’s security detail is only tantamount to threats and intimidation of Judges in the exercise of their Constitutional mandate of defending the rule of law and democracy.

On 9^th September 2024, Justice Mugambi disclosed that a senior police officer had been prying into his whereabouts. This raises serious concerns over possible intimidation or threats against him.

The Basic Principles on the independence of the Judiciary provide that the independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. All governmental and other institutions must respect and observe the independence of the judiciary. In addition, they provide that the judiciary shall decide matters before them impartially, based on facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

Article 160 of the Constitution provides for independence of the judiciary, this entails that Judges and Judicial Officers can exercise their mandate free of any fear or intimidation. It is appreciated that the Country’s Courts cannot be arm-twisted to render decisions contrary to the provisions of the law, facts, and any evidence adduced before them. We reiterate that judicial independence in its very nature ensures that access to justice, the rule of law, democratic processes, rights and freedoms are upheld in a democratic setting.

Judicial decisions are not applicable to a few individuals but to everyone regardless of position or status granted that no one is above the law. Equally, such decisions are not made in vain and are aimed at ensuring that the rule of law and Constitutionalism are upheld and respected. It is concerning that the security of the Judge is being withdrawn in the wake of the unfortunate incidence that occurred on 13 June 2024 at the Makadara Law Courts where a Judicial Officer lost her life in the line of duty.

The Defenders Coalition remains concerned about the whereabouts of Human Rights Defenders Bob Njagi, Jamil Longton and his brother Aslam Longton and this was the basis upon which the Law Society of Kenya went to court to seek the invitation of the Acting Inspector General of Police of Police to shed light on the enforced disappearance of the trio.

We call the relevant authorities, including the National Police Service without fail, to reinstate the security of the honourable Judge. At the same time, we call on the state to ensure the safety and the presentation of the trio to their family or before a court of law.

Signed

Defenders Coalition