Why Judge Mugambi's security was recalled – Acting Police IG Masengeli

The National Police Service (NPS) has broken its silence over the recent withdrawal of the security detail of Justice Lawrence Mugambi.

Acting Inspector General of Police Gilbert Masengeli now says that aside from the President, Deputy President, and Retired President, no Kenyan is legally entitled to personal security detail.

Masengeli also noted that the two officers previously assigned to him were temporarily reassigned to attend VIP security courses.

"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," he said.

"In accordance with Article 245 (4) (c) of the Constitution, the IG is responsible for the security of all Kenyans regardless of their status in the society. Nonetheless, the IG may accord additional security detail to specific persons based on the nature of assignments being undertaken by such persons and the threat levels, which their responsibilities may attract," he added.

Masengeli also explained the security attached to Justice Mugambi was recalled for a training session.

He revealed that the judge was given new officers to guard him as required by law.

"The two officers, being general duty officers, were recalled for purposes of attending VIP security courses. We are aware that suitable arrangements were made to ensure that Hon. Mugambi's security was always assured," Masengeli said.

The Acting Police IG stated that under the VIP Policy, VIPs are protected by Specialised Units, including the Security of Government Buildings and the VIP Protection Unit.

In the Judiciary's case, this is referred to as the Judiciary Police Unit.

He emphasised that the Inspector General (IG) of the Police provides the Judiciary, along with other government arms, commissions, and independent agencies, with the necessary protection for both institutions and personnel, without favouritism or discrimination.

"The officers assigned to these institutions remain members of the National Police Service and may be reassigned at the IG's discretion," Masengeli explained.

"This was the case with Justice Mugambi's security. The National Police Service reaffirms its commitment to upholding the rule of law. Due to pressing national security duties, the IG was unable to attend court regarding the matter mentioned in the JSC's press statement," he added.

Uproar

He responded to the uproar from the Judicial Service Commission and other agencies regarding the recent withdrawal of security detail from Justice Mugambi.

This move followed a ruling by Justice Mugambi against the police boss where he sentenced Masengeli for contempt of court.

Chief Justice Martha Koome on Monday condemned the action, revealing that the security detail assigned to Justice Mugambi was withdrawn and disarmed over the weekend.

She described this as a disturbing development and criticised the police for what she deemed a retaliatory measure.

Koome argued that this action contravenes Article 160 of the Constitution, which underscores the independence of the judiciary.

She called on the NPS to restore Justice Mugambi's security, emphasising that such retaliatory actions against judicial officers are unacceptable.

The Acting Police IG also addressed concerns about his absence from a related court session.

He noted that urgent national security duties prevented him from attending in person.

"In a bid to comply with the orders, the IG assigned the Deputy IG Kenya Police Service Eliud Lagat to attend Court on his behalf. It is not clear why the Court insisted on the IG attending to this matter in person, yet an equally senior officer had been availed by the Service," Masengeli explained.

"For the avoidance of doubt, the issues arising in the matter in Court were not personal to the IG," he added.

Masengeli concluded by reaffirming the NPS's commitment to upholding the rule of law and maintaining security across the nation.

"The National Police Service remains dedicated to the multi-agency spirit under the National Council on Administration of Justice," he stated.