IG Masengeli Sentencing Leads to Security Team Withdrawal of Judge

The situation surrounding High Court Judge Lawrence Mugambi and the recent withdrawal of his security detail highlights a complex and troubling intersection of judicial authority, police accountability, and the potential misuse of power.

Judge Mugambi’s sentencing of Acting Inspector General of Police Gilbert Masengeli to six months in prison for contempt of court after missing seven summonses is a bold move. It sends a clear message about the importance of the rule of law, even when it involves individuals in high-ranking positions. Masengeli’s refusal to appear in court to answer for the disappearances of activist Bob Njagi and siblings Jamil and Aslam Longton is an alarming indicator of the larger issue of enforced disappearances and police impunity, a problem that has plagued many justice systems globally, including Kenya’s.

The withdrawal of the judge’s security detail following the sentencing raises questions about whether the police force is retaliating. Judge Mugambi had raised concerns about being surveilled, and senior police officers had contacted his aides in what was explained as concerns for his security, particularly in the wake of the Makadara Law Courts shooting. While the commandant, Lazarus Opicho, apologized and stated that the calls were made out of genuine concern, the timing and manner of this interaction may suggest an overreach, or at the very least, an inappropriate handling of the situation.

The fact that Judge Mugambi feels the acting IG is holding him “at ransom” adds another layer of tension to the case. This power struggle between the judiciary and law enforcement is dangerous, especially when the independence of the judiciary is at stake. The rule of law is built on the premise that no one is above it—not even the individuals entrusted with enforcing it.

As for Masengeli, his continued failure to serve the sentence imposed upon him reflects poorly on the police force and its commitment to upholding justice. Allowing him seven days to present himself is a further indication of the delicate balance the court must strike when dealing with powerful individuals within the government.

This case brings to light the challenges faced by judges in executing their duties impartially in the face of intimidation or perceived threats from law enforcement. It also emphasizes the ongoing issue of enforced disappearances and the lack of accountability for those in power. The tension between the police and the judiciary is not only a legal issue but also a question of public trust. How this situation unfolds will undoubtedly set a precedent for future interactions between these two branches of government.

It’s a case that merits close attention, as its outcome will reflect on the strength of Kenya’s judicial system and the independence of its courts.