IG Masengeli refutes claims of intimidating judiciary over Mugambi's security withdrawal

The National Police Service (NPS) has dismissed accusations of intimidation against the Judicial Service Commission (JSC) following the reported withdrawal of security for High Court Justice Lawrence Mugambi.

In a statement on Tuesday, Acting Inspector General (IG) Gilbert Masengeli emphasised that the NPS operates independently and is not influenced by external forces. He accused the Judiciary of attempting to interfere with the security deployment process for judges, stressing that the NPS would not succumb to pressure or intimidation.

“The NPS wishes to refute the allegations raised by the Judicial Service Commission (JSC) relating to the assignment of personal security to judges and to assure the country that the security of all Kenyans, judges included, remains our utmost priority,” Masengeli said.

Masengeli reiterated that, as IG, he is the only one authorised to assign, transfer, or dismiss police officers, citing Article 245(4)(c) of the Constitution.

“Accordingly, Article 245(4)(c) of the Constitution provides for the Independent Command of the NPS vested in the Inspector General of Police (IG), and no person may direct the IG with respect to the ‘employment, assignment, promotion, suspension, or dismissal of any police officer,” he said.

He further noted that the same Constitution, which guarantees the independence of other government arms and offices, also protects the autonomy and operational independence of the NPS.

“For the avoidance of doubt, the Constitution that other independent offices and arms of government cite to be the basis for their independence is the same source of authority for the operational autonomy and independence of the NPS,” he said.

Masengeli's response comes after Chief Justice Martha Koome criticised the decision to withdraw security officers assigned to Justice Mugambi, which she termed as an act of intimidation.

Koome reassured the public that the Judiciary would remain resolute in the face of any challenges.

"It is crucial to remember that judicial independence is not a privilege for judges, it is the cornerstone of justice for all citizens. Judges must be free to make decisions based solely on the law, without fear of retribution or interference," Koome said.

"Any encroachment on this independence puts our society at risk of descending into lawlessness, where might supersede rights, and justice is subverted by intimidation."

Earlier on Tuesday, Masengeli clarified that the officers assigned to Justice Mugambi had not been withdrawn without reason, but rather replaced by two VIP protection officers from the Judiciary Police Unit. He stressed that, while NPS provides officers to other state agencies, those officers remain under NPS command and can be reassigned as necessary.

“In the case of Justice Mugambi, the two security officers in question are general duty officers and were therefore recalled to attend VIP security training, and were replaced by two VIP protection officers from the Judiciary Police Unit,” Masengeli said.