Lawyer Nelson Havi has urged all Judges to consider denying the Attorney General (AG) audience in court following the withdrawal of Justice Lawrence Mugambi’s security.
The former Law Society of Kenya (LSK) president in a statement shared via his official X account on Tuesday, September 17, 2024, argues that the entire office of the AG is in contempt of court for not ensuring compliance with orders in respect to acting Inspector General of Police Gilbert Masengeli.
Havi says the Judges should now proceed with matters where the AG is acting without hearing her.
“In my 6 Sept statement, I said the entire office of the AG is in contempt of court for not ensuring compliance with orders in respect to Ag IG NPS, Gilbert Masengeli. All Judges must now deny the AG audience and proceed with matters where the AG is acting without hearing the AG,” Havi stated.
In my 6 Sept statement, I said the entire office of the AG is in contempt of court for not ensuring compliance with orders in respect to Ag IG NPS, Gilbert Masengeli. All Judges must now deny the AG audience and proceed with matters where the AG is acting without hearing the AG.
— Nelson Havi (@NelsonHavi) September 17, 2024
Havi’s remarks come a day after Chief Justice Martha Koome revealed that Justice Mugambi’s security had been withdrawn over the weekend after he sentenced Masengeli to a six-month prison term.
CJ Koome condemned the move by the National Police Service, terming it as an intimidation against the judges who may give rulings that do not sit well with some individuals in government.
Masengeli defends his move
Masengeli in a statement issued on Monday night has, however, defended the NPS’ move, stating that the officers assigned to Justice Mugambi had only been recalled for purposes of attending VIP security courses.
“It is in the public domain 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.
“The officers seconded to such institutions however remain serving officers of the National Police Service who can be reassigned at the sole discretion of the IG. Such was the case with Hon. Justice Mugambi’s security. 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,” the statement reads.
— National Police Service-Kenya (@NPSOfficial_KE) September 16, 2024