Katiba Institute has moved to court seeking orders to have the Inspector General of Police Gilbert Masengeli reinstate the security officer of Justice Lawrence Mugambi.
The Institute also wants the court to issue a conservatory order issued restraining the IG or any state agency from interfering with the constitutional benefits attached to Justice Mugambi.
Justice Mugambi security was withdrawn two days after sentencing the acting IG to serve six months for disobeying Court order.
Masengeli failed to honour court summons seven times in the missing Longton brothers and Bob Njagi case.
The court heard that the respondents’ (IG, Attorney General,Head of Judiciary Unit and National Police Commission) action of withdrawing Justice Lawrence Mugambi’s security detail without notice to the Judge or an explanation to the Judicial Service Commission renders the action arbitrary and contrary to the Constitution and further undermines judicial independence, the rule of law and constitutionalism.
“Their actions are contrary to Article 160 of the Constitution, which guarantees judicial independence and is aimed at ensuring that judges render their services and execute their mandate independently and impartially, free from undue influence and intimidation,” Katiba Institute submitted.
According to Katiba Institute, the respondents’ actions have placed a judicial officer under the sufferance of the acting Inspector General of Police, posing a permanent threat to the independence of the judiciary.
