Justice Mugambi’s security recalled for training - Masengeli says

Acting Inspector General of Police Gilbert Masengeli Monday explained the security officers attached to Justice Lawrence Mugambi were recalled for a training session.

He said necessary arrangements were made to ensure Justice Mugambi's security is guaranteed.

“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,” he said.

Masengeli was reacting to an uproar from the Judicial Service Commission and other agencies over the move to withdraw security officers attached to the judge after he sentenced him to six months in jail.

Chief Justice Martha Koome on Monday said that the security detail was withdrawn over the weekend after they were disarmed.

“A disturbing action was taken by the national police in the wake of the sentencing of the acting IG. Police belonging to Mugambi were disarmed and subsequently withdrawn over the weekend,” Koome stated as she condemned the action.

She said the actions are against Article 160 of the constitution, which emphasises the independence of the judiciary.

“Retaliatory measures against judicial officers are uncalled for. JSC calls for the national police to restore the security of Hon. Justice Mugambi,” she said.

In reaction, Masengeli said the responsibility for the independent command of the police is vested in the 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.”

He rebutted allegations raised by the JSC and assured the country that the security of all Kenyans, Judges included remains their prime consideration.

“In particular, 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,” he said.

He added in line with the VIP Policy, VIPs are protected by Specialized Units including the Security of Government Buildings, the VIP Protection Unit which in the case of the Judiciary is christened the Judiciary Police Unit.

He added 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. 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 said.

Masengeli also reacted to the recent ruling in which he was found guilty of contempt of court for failing to appear in court saying 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 said he assigned the Deputy IG Kenya Police Service Eliud Lagat 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," he said.

“For the avoidance of doubt, the issues arising in the matter in Court were not personal to the IG.” 

He said police remain committed to the multi-agency spirit under the National Council on Administration of Justice.

CJ Koome had said the actions to recall the security of the judge are against Article 160 of the constitution, which emphasises the independence of the judiciary.

CJ Koome further assured Kenyans that the Judiciary is committed to standing firm in protecting the rule of law while condemning the “act of intimidation by the national police".

"The act of withdrawing the security of a sitting Judge, following a judicial decision that displeased certain authorities, is deeply concerning. It sends a chilling message to the Judiciary and the public at large, that those entrusted with upholding justice and safeguarding our rights can be intimidated, bullied, or retaliated against for their rulings."

Justice Mugambi on Friday sentenced Masengeli to six months in prison after being found guilty of contempt of court.

The judge ordered Masengeli to present himself to the commissioner general of prisons.

"In the event, he doesn't submit himself, CS Interior must take all steps to ensure he is committed to prison to serve sentence," said Justice Mugambi.

However, the judge noted that Masengeli may avoid serving the sentence if he appears in court within seven days, failure to do so, the sentence will be effective.

Masengeli was found guilty of contempt after skipping seven court summons to give report on the whereabouts of Bob Njagi, Jamil Longton and his brother Aslam Longton, who went missing on August 19, 2024.

The three are reported to have been abducted by police amid the Gen Z-led anti-government protests.