Court Rules Judges’ Security Cannot Be Withdrawn Without JSC Consultation

The National Police Service (NPS) cannot withdraw the security of any judge without prior consultations with the Judicial Service Commission (JSC), the High Court has ruled.

This was declared on Thursday, August 20, during the determination of a case challenging the withdrawal of the security detail of Justice Lawrence Mugambi in 2024.

The court ruled that the decision to strip Mugambi’s security detail amounted to interference with judicial independence.

“An order of prohibition is hereby issued prohibiting the IGP and the Head of the Judiciary Police Unit from withdrawing and disarming security details of a judge without prior consultation with the Judicial Service Commission,” the court ruled.

“A declaration is hereby issued that the IGP and Head of Judicial Police Unit’s action of disarming and withdrawing the personal security details of Justice Mugambi was in violation of Articles 10, 19, 20, 21,27, 47, 73,159,160, 244 and 245 of the Constitution,” it added.

The ruling arose from a petition challenging the withdrawal of Justice Mugambi’s security detail following his decision to hold Masengeli in contempt of court for failing to comply with court orders.

Masengeli was summoned to appear before the court to respond to a case against him, but he failed to appear. He was later found guilty of contempt after repeatedly failing to comply with court orders.

This led to Justice Mugambi sentencing Masengeli to six months in prison for the offence.

However, a day later, his security detail was withdrawn, in what was seen as retaliation from the police over the sentence.

Following sharp criticism over the matter, Masengeli later explained why the decision was arrived at, revealing that Justice Mugambi’s security personnel were recalled to attend VIP security courses.

“The two officers, being general duty officers, were recalled for purposes of attending VIP security courses. We are aware that suitable arrangements were made to ensure Hon. Mugambi’s security was always assured,” Masengeli clarified.

The latest development now lays down the ground rules on how the security detail of a judge can be withdrawn or recalled by the National Police Service, bringing an end to the lack of clear guidelines.