The Ministry of the Interior has withdrawn the protection of Supreme Court Justice Martha Kumme and reduced the number of police officers assigned to the country’s courts. The struggle between the judicial and administrative authorities has reached its climax: the police officers guarding Chief Justice Kumme have been withdrawn and the number of police officers assigned to the newly created court security unit has been reduced.
The withdrawal of the Chief Justice’s security guards and the reduction in their numbers prompted the head of the judiciary to send a letter to Home Affairs Minister Kipchumba Murukomen and Inspector General of Police Douglas Kanye, indicating that the move was an intimidation tactic. Kuma’s letter comes hours after the High Court ordered the IG and Director of Criminal Investigation (DCI) Mohamed Amin to personally appear in court to explain the whereabouts of Justus Mutumwa, Martin Mwau and Kalani Muema.
All three were abducted in Mulolongo. They have consistently refused to be summoned to court.
Yesterday, they said they had not received a court order. Koum said the refusal was meant to undermine or retaliate against their constitutional positions.
I am deeply concerned about the withdrawal of the Chief Justice’s security detail, an act that threatens the independence of the judiciary, undermines its integrity and jeopardizes democratic progress. The removal of the guard is a huge affront to the principle of separation of powers.” However, in a swift rebuttal to Mr. Khume’s complaint, the National Police Agency denied that it had stripped the Attorney General of his security detail.
I would like to clarify that contrary to reports that the National Police Agency has withdrawn security guards from some members of the judiciary, the National Police Agency has not withdrawn the guards. On the contrary, they were withdrawn to attend a refresher course.
Meanwhile, they have been replaced by other police officers for the duration of the training,” a short statement by NUP spokesperson Regila Onyango said, adding that the NUP is committed to inter-agency cooperation and collaboration in the country’s criminal justice system. This is not the first time Superintendent Kanja has been put in a difficult position over the extradition of a judge who was ordered to extradite the kidnapped persons.
Justice Gilbert Masengeli, Justice Kanja’s predecessor and now a deputy judge, gave up his security detail after Justice Lawrence Mugambi was sentenced to six months imprisonment for disobeying a court summons. The judge later claimed that the police had violated the Constitution.
In court, Justice Mugambi said the former head of the judicial police unit had contacted the officer guarding him and wanted to know his whereabouts. The judge set aside the conviction and dismissed the case.
Stay up to date with the latest news. Subscribe to our newsletter, “The decision prompted alarming action from the police service over the weekend.
Security forces attached to Justice Mugambi were disarmed and withdrawn. Article 160 of the Constitution clearly protects the independence of the judiciary by establishing that it is subject only to the Constitution and the law and not to the control or direction of any person or authority.” The Chief Justice added that any benefits or conditions of service, including the security of judges, should not be changed to the detriment of judges, especially in retaliation for their legitimate judicial activities.
The security of judges is a benefit that cannot be removed on a whim.” Yesterday, Mr. Hume called on civil society and Kenyans to uphold the independence of the judiciary. Mr. Hume demanded the return of his security detail.
