Two general duty officers attached to High Court Judge Justice Lawrence Mugambi were recalled to attend VIP courses, acting Police IG Gilbert Masengeli has confirmed.

Masengeli issued a statement following concerns by Chief Justice Martha Koome and the Law Society of Kenya that had condemned the withdrawal of Mugambi’s security.

LSK questioned the timing for withdrawing security detail of the Judge, since it occurred 3 days after the Judge had sentenced Masengeli to six months in jail over failure to honour court summons.

Speaking during a press briefing on Monday September 16, 2024, LSK vice chair Mwaura Kabata vowed to sue the acting Police IG following withdrawal of Justice Mugambi’s security detail.

Kabata noted that Masengeli’s decision to withdraw Mugambi’s security undermines the integrity of the Judiciary.

However, the National Police Service (NPS) in a statement on Monday defended Masengeli, stating that recalling Mugambi’s security was not a threat to the Judiciary.

This was in response to CJ Martha Koome who had stated that “Masengeli’s decision was meant to send a chilling message to the judiciary and the public at large; that those entrusted with upholding justice can be intimidated, bullied or retaliated against for their rulings.” 

According to NPS, the responsibility for the independent command of police officers is vested in the Inspector General (IG) and no person may give a direction to the IG with respect to “the employment, assignment, promotion, suspension or dismissal of any member of the National Police Service in accordance with Article 245 (4) (c) of the Constitution.

“In view of the foregoing, the NPS wishes to rebut the allegations raised by the JSC and to assure the country that security of all Kenyans, Judges included, remains our prime consideration. 

“In particular, the NPS notes that other than the President, the Deputy President and the Retired President, no other Kenyan is entitled by law to be provided with personal security detail,” stated NPS.

In addition, NPS explained that the IG has accorded the Judiciary, just like the other arms of government, the Commissions and other Independent Agencies, the requisite protection, both the institutions and the persons serving therein, without favour or discrimination. 

Meanwhile, NPS noted that suitable arrangements were made to ensure that Justice Mugambi’s security was always assured. 

Written by Rose Mutuku.