- The Judicial Service Commission alleged that Justice Mugambi's security was withdrawn after he sentenced acting IG Gilbert Masengeli to jail.
- Masengeli said at the time of the summonses, he was on a security assessment tour of the Coast and North Eastern Regions.
Image: IPOA/X
The Independent Policing Oversight Authority has initiated investigations into the alleged withdrawal of the security detail of High Court Judge Lawrence Mugambi.
The Judicial Service Commission on Monday alleged the decision was informed by the judge’s ruling on Friday in which he sentenced acting Inspector General of Police, Gilbert Masengeli, to a six-month jail term for contempt of court.
This after he failed to appear before the court a record seven times to explain the whereabouts of three men who went missing on August 19 in Kitengela.
The IG issued a statement saying the two officers assigned to the judge were withdrawn to attend a VIP security training “but were replaced by two VIP protection officers from the Judiciary Police Unit”.
On Tuesday, Ipoa CEO Elema Halake said the authority had taken note of the development and chosen, on its own motion, to institute investigations into the matter.
“The investigations will inform recommendations, including but not limited to prosecution, where culpability is established,” he said.
Meanwhile, Ipoa condemned the decision by the acting IG to snub court summons, a decision that informed Justice Mugambi’s decision to impose the jail sentence.
“Failure to honour summons is unlawful and violates Article 244 of the Constitution. It sets a dangerous precedent which encourages impunity and disregard for the rule of law,” Halake said.
In his defence in a statement issued on Tuesday, Masengeli said his unique assignment as the chief officer in charge of the security of the entire country is demanding and seldom allows him time to attend to other matters.
He said at the time of the summons, he was on a security assessment tour of the Coast and North Eastern Regions.
Masengeli said he nonetheless complied with the court order by sending Deputy IG of the Kenya Police Service to represent him in court because the matter in question was not personal to him.
“It’s not clear why the court insisted on the IG attending to this matter in person yet a senior officer had been availed by the service,” the IG said in an earlier statement on Monday.
In condemning the alleged withdrawal of Justice Mugambi’s security detail, the Judiciary led by Chief Justice condemned the act saying “Judges must be free to make decisions based solely on the law, without fear of retribution or interference."