The High Court has issued a major ruling on the security provided to judges, declaring that the National Police Service cannot withdraw or disarm a judge’s security officers without first consulting the Judicial Service Commission (JSC).
The decision was made on Thursday, August 20, 2026, during the determination of a case involving Justice Lawrence Mugambi.
The case followed the withdrawal of Justice Mugambi’s security detail in 2024, shortly after he sentenced former Deputy Inspector General of Police Gilbert Masengeli to six months in prison for contempt of court.
The court found that the withdrawal of Mugambi’s security amounted to interference with judicial independence.
The High Court issued an order stopping the Inspector General of Police and the Head of the Judiciary Police Unit from withdrawing or disarming a judge’s security without prior consultation with the JSC.
The court also declared that the action taken against Justice Mugambi violated several provisions of the Constitution.
The dispute began after Masengeli failed to appear before Justice Mugambi to respond to a case despite being ordered to do so. After several failures to comply with the court orders, the judge found him guilty of contempt and sentenced him to six months in prison.
Soon after the sentence was issued, Mugambi’s security officers were withdrawn.
The decision caused public concern, with questions being raised about whether the withdrawal was connected to the judge’s decision against the senior police officer.
Masengeli later explained that the officers had been recalled to attend VIP security training. He said arrangements had been made to ensure the judge remained protected.
However, the latest ruling has now provided clearer guidelines on how security assigned to judges should be handled.
The decision is also being viewed as an important statement on the independence of the Judiciary. The court has made it clear that security arrangements for judges cannot be changed without following the required process.
The ruling means that the police will have to consult the Judicial Service Commission before withdrawing or disarming security officers assigned to a judge.
The decision comes at a time when the independence of state institutions remains an important issue in Kenya.