Letter to CS Prof Kindiki on Respect for Rule of Law

September 16, 2024

Prof Kithure Kindiki, EGH

Cabinet Secretary

Ministry of Interior and National Administration

Harambee House

P. O. Box 30510, 00100

NAIROBI

Dear Honourable CS,

RE:     RESPECT FOR THE RULE OF LAW

Receive warm greetings from  the National Council of Churches of Kenya.

The NCCK is deeply concerned by the reports that the security for Justice Lawrence Mugambi, judge of the High Court of Kenya, has been withdrawn shortly after he delivered a ruling in which the Acting Inspector General was sentenced to 6 months imprisonment. This action is direct intimidation of a Judicial officer, and whose effect is undermining the rule of law upon which the Constitution of Kenya 2010 is premised.

Further disturbing is the fact that the ruling delivered by the judge arose from a case where the National Police Service failed to comply with a ruling that required three persons to be physically presented in the court. The Acting Inspector General thereafter failed to act on summons to attend court hearings on the same.

We find this to be the latest in a series of cases where state officials have deliberately disobeyed court orders without any consequences. This is the bedrock on which impunity is birthed and nurtured, to the detriment of the welfare of the nation.

Whereas Article 3 (1) of the Constitution provides that “Every person has an obligation to respect, uphold and defend this Constitution”, Article 244 (c) requires the National Police Service to “comply with constitutional standards of human rights and fundamental freedoms”. Further to these, the Constitution in Article 245 (4) states: “The Cabinet Secretary responsible for police services may lawfully give a direction to the Inspector-General with respect to any matter of policy for the National Police Service”.

We therefore ask that in your capacity as the Cabinet Secretary provide directions to the Inspector General with regard to:

1. The National Police Service, as an institution and as pertains individual officers, must comply with rulings made by the Judiciary, respecting it as an independent constitutional organ established to protect justice and rule of law

• The provision of security services of Justice Mugambi be reinstated immediately

We wish to call to mind that whenever state officers undermine the rule of law, they send a signal to the citizens that anarchy will be tolerated.

We write to request your good offices to comply with the Constitution of Kenya, the mandate of the Ministry of Interior and National Administration, and save Kenya from anarchy.

Yours truly

Rev Dr Elias Agola

CHAIRMAN

Rev Canon Chris Kinyanjui

GENERAL SECRETARY

Copy to          

Hon Martha Koome, EGH

Chief Justice and President of the Supreme Court of Kenya