Civil society sues CS Murkomen, IG Kanja over Natembeya, Khalwale security recall

A petition has been filed at the Milimani High Court seeking to overturn the sudden recall of security officers assigned to Trans Nzoia Governor George Natembeya and Kakamega Senator Bonny Khalwale, arguing that the move breaches constitutional safeguards and puts the two leaders at risk.

The suit, lodged by the Centre for Litigation Trust (CLT) before the court’s Constitutional and Human Rights Division, targets Interior Cabinet Secretary Kipchumba Murkomen, Inspector General of Police Douglas Kanja and the Attorney General over what the petitioners describe as an illegal, discriminatory and politically motivated withdrawal of protection.

According to the petition, the National Police Service recalled the officers assigned to Governor Natembeya and Senator Khalwale on 26 November 2025, just hours before the by-elections that escalated into violence in parts of Malava, Kakamega County, where vehicles were burnt. The two leaders were campaigning for Opposition candidates at the time.

CLT argues that the withdrawal leaves the leaders vulnerable to security threats and violates the rights of state officers, who are entitled to protection under Kenyan law. The organisation notes that both leaders are outspoken critics of the government and says the abrupt action was taken without explanation, raising fears of political targeting.

Policy

In its filing, the group cites the Policy on Provision of Protective Security to VIPs, which stipulates that security may only be withdrawn if an individual has been convicted of an offence, breached the peace, abused privileges or relocated counties—none of which, it says, applies to Natembeya or Khalwale.

“The decision is retaliatory, whimsical and calculated to intimidate the two leaders due to their political stance,” an affidavit sworn by CLT Executive Director Julius Ogogoh reads.

He says the recall undermines constitutional protections intended to shield state officers from arbitrary executive decisions.

The petition also accuses the respondents of flouting Articles 10, 27, 47 and 260 of the Constitution, arguing that the withdrawal violates national values, equality rights, fair administrative action, and the protections accorded to state officers.

“The Respondents’ actions demonstrate blatant disregard for constitutional safeguards protecting state officers from arbitrary executive actions,” reads the petition.

It further argues that the IG and the Interior CS failed to provide reasons for the recall, effectively denying Natembeya and Khalwale a fair hearing.

“The selective withdrawal of security is discriminatory since other governors and senators retain their details. This creates a chilling effect on leaders who hold dissenting views,” reads the petition.

Declare withdrawal illegal

CLT is seeking declarations that the withdrawal was illegal, an order of certiorari to quash the decision, reinstatement of the officers and a prohibition against further arbitrary actions. The Attorney General is listed as a respondent for allegedly failing to ensure constitutional oversight.

In a separate petition before Justice Lawrence Mugambi, Ogogoh echoes these concerns, describing the decision as “illegal, unconstitutional and void,” and stating that neither leader has been charged or notified of any investigation.

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• Trans Nzoia Governor
• George Natembeya
• Inspector General of Police Douglas Kanja
• Kakamega Senator
• Bonny Khalwale
• Centre for Litigation Trust
• Civil society sues CS Murkomen
• IG Kanja over Natembeya

“The right to fair administrative action under Article 47 of the Constitution cannot also be suspended at the whims of any state organ,” he says.

Threatens leaders’ safety

Ogogoh argues that the withdrawal threatens the leaders’ safety, noting that no evidence has been presented showing they breached conditions of the VIP protection policy.

“That the security detail attached to Natembeya and Khalwale has unceremoniously been withdrawn, which threatens and exposes them to security risks since they might be attacked or harmed based on the nature of their duties as the governor of Trans-Nzoia County and the Senator of Kakamega County, respectively,” he states.

He adds that the move was intended to intimidate the two into changing their political stance.

CS Murkomen defended the decision, insisting that Natembeya was not the only leader affected.

Speaking during a security assessment tour in Kasipul, he said the National Police Service acted on intelligence suggesting that some officers attached to politicians were involved in activities that could compromise the integrity of the by-elections.

“It is not only one person whose security has been withdrawn. The National Police Service has a report that the officers attached to them are involved in criminal activities. Some who may seem to be leaning to one side of the political divide have chosen to keep quiet and not to share publicly what the police have done, but some have decided to publicly,” he said.

Murkomen said the withdrawal was intended to ensure state-issued firearms were not used to interfere with voting.

“In any case, there is no boss tomorrow. The people are the bosses, and they are going to elect their boss, so everybody who was campaigning for a party, your job is done,” he said.

Governor Natembeya said officers assigned to him and his Kitale home were recalled on Tuesday night, forcing him to arrange his own security.

“All the security officers attached to me were recalled last night, and I was forced to have my own measures in place for safety,” he said.

He added that the recall came after surviving threats and physical attacks while campaigning in Malava and Bungoma.

“Let whoever did that know that I will not be intimidated or cowed into giving up on my stand,” he said, insisting that security for elected leaders is a constitutional right.