Acting Inspector General of Police Gilbert Masengeli has defended his move to withdraw the security detail of High Court judge Lawrence Mugambi.
According to Masengeli, 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.
“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. Other persons are provided with personal security based on the criteria set out above and, in the Policies, developed by the NPS and as may be determined by the IG from time to time. The tenure of Judges does not, by that fact alone, include personal security as a matter of law. In line with the VIP Policy, VIPs are protected by Specialized Units including Security of Government Buildings, VIP Protection Unit which in the case of the Judiciary is christened the Judiciary Police Unit,” Masengeli said in a statement dated September 16, 2024.
He says the two officers who were attached to Justice Mugambi, being general duty officers, were recalled to attend VIP security courses.
“The responsibility for the independent command of the National Police Service 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. 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,” Masengeli stated.
“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.”
Masengeli fails to appear in court
Masengeli, who has been convicted of disobeying court by ignoring court summons and jailed for six months, says he was attending to other matters during his case.
“NPS wishes to reiterate its commitment to ensuring that the rule of law is always maintained. Due to exigencies of national security duties, the IG was unable to attend Court in the matter adverted to by the JSC in the press statement,” he says.
Justice Mugambi sentenced Masengeli to six months imprisonment on Friday, September 13, 2024, days after he was convicted of disobeying court.
On September 9, 2024, Judge Mugambi said that Masengeli had failed to honour the summons from the court.
Mugambi added that Masengeli’s actions amounted to willful disobedience that undermines the supreme law and administration of justice.
While sentencing him, the judge further ordered Masengeli to surrender himself to the Commissioner General of Prisons to serve his sentence.
Additionally, Mugambi said that in the event he fails to surrender himself to prison, the Cabinet Secretary for Interior must take steps to ensure he is committed to prison to serve his sentence.
“The responsibilities of the IG to secure the nation require the office holder to attend operational meetings virtually the entire day at different locations. In a bid to comply with the orders, the IG assigned the Deputy IG Kenya Police Service 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. For the avoidance of doubt, the issues arising in the matter in Court were not personal to the IG,” Masengeli stated.