NAIROBI, Kenya, Sep 17 – Acting Inspector General of Police Gilbert Masengeli has clarified that the National Police Service (NPS) reassigned two new officers to provide security for Justice Lawrence Mugambi after the previous detail was recalled for training.
Masengeli’s statement comes in response to concerns raised over the withdrawal of Justice Mugambi’s security, which some linked to recent court rulings.
The Acting IG explained that the officers initially assigned to the judge were recalled for VIP security training and replaced by two officers from the Judiciary Police Unit, who specialize in VIP protection.
He emphasized that police officers seconded to government institutions remain part of the NPS, and their deployment or reassignment is the sole mandate of the Inspector General.
“In the case of Hon. Justice Mugambi, the two security officers in question are General Duty Officers and were therefore recalled attending VIP security training and were replaced by two VIP protection Officers from the Judiciary Police Unit,” he said.
He clarified that the independent command and control of the NPS, including the assignment of personnel, is vested in the IG, in accordance with Article 245(4)(c) of the Constitution.
Masengeli also noted that, aside from the Cabinet Secretary for Interior who may offer policy guidance, no individual has the authority to direct the IG on personnel matters such as employment, assignment, or dismissal of NPS officers.
Furthermore, the Acting IG pointed out that by law, only the President, Deputy President, and retired Presidents are entitled to personal security detail.
The protection of other VIPs, including judges, is governed by the NPS Policy on the Provision of Security to VIPs and Other State Officers.
“The requisite protection to all Government Buildings, Judiciary included and their staff therein, remains our priority and we do serve without favour or discrimination,” he said.
In response to the allegations by the Judicial Service Commission that the security detail assigned to Justice Mugambi had been withdrawn to intimidate the Judge, Masengeli stated that the allegations were “ill- intended.”
The JSC led by Chief Justice Martha Koome linked the move to Justice Mugambi’s judgement handing Acting Inspector General of Police Gilbert Masengeli a six-month jail term for contempt of court.
CJ Koome had described the withdrawal of the Security personal as an assault on judicial independence.
She further stated that it is an affront to the rule of law, and a violation of the principles enshrined in our Constitution.
“The act of withdrawing the security of a sitting Judge, following a judicial decision that displeased certain authorities, is deeply concerning,” she said.
“It (the act) sends a chilling message to the Judiciary and the public at large: that those entrusted with upholding justice and safeguarding our rights can [be] intimidated, bullied, or retaliated against for their rulings,” Koome said.
Koome observed that any benefits or conditions of service related to a Judge’s position, including their security, must not be varied to their disadvantage, particularly in retaliation for the lawful execution of their judicial duties.
She urged the NPS, to immediately restore the security of Justice Mugambi and fulfill its constitutional duty to respect and enforce the decisions of the courts.
The CJ indicated that such action erodes public trust in the independence of the courts undermining the foundation of the constitutional democracy posing a risk to disregard the institutions and descent them into lawlessness.
She said persons dissatisfied by court decisions should appeal to higher courts.
“We caution however that retaliatory measures against a Judge or judicial officer have no place in a democratic society,” she said.
Source: capitalfm
