Masengeli: Police Service won't be intimidated or coerced in its operations

Acting IG insists that the National Police Service is constitutionally independent of any form of interference

In Summary
  • Masengeli accused the Judiciary of trying to interfere with the deployment of security officers attached to judges.

  • He insisted that the NPS will not give into any form of intimidation or coercion to influence  its operations.

Acting IG Gilbert Masengeli speaking during a press briefing at the Police Pavilion, South C, on September 17, 2024.
Acting IG Gilbert Masengeli speaking during a press briefing at the Police Pavilion, South C, on September 17, 2024.
Image: LEAH MUKANGAI

Acting Inspector General Gilbert Masengeli has insisted that the National Police Service remains independent, and its operations are not subject to inference by any person.

In a statement, Masengeli alleged that the Judiciary was trying to interfere with the deployment of security officers attached to judges.

He insisted that the NPS would not give into any form of intimidation or coercion to influence its operations.

“In view of the foregoing, the NPS wishes to rebut the allegations raised by the Judicial Service Commission (JSC) relating to the assignment of personal security to judges and to assure the country that the security of all Kenyans, judges included, remains our utmost priority.  

“The NPS totally rejects attempts to intimidate, coerce, or otherwise interfere with the operational and functional independence of the police,” Masengeli said.

He added that as IG, he is the only one constitutionally mandated with the assigning, transfer, and dismissal of officers.

“Accordingly, Article 245(4)(c) of the Constitution provides for the Independent Command of the NPS vested in the Inspector General of Police (IG), and no person may direct the IG with respect to the ‘employment, assignment, promotion, suspension, or dismissal of any police officer.

“For the avoidance of doubt, the Constitution that other independent offices and arms of government cite to be the basis for their independence is the same source of authority for the operational autonomy and independence of the NPS,” Masengeli added.

He was responding to remarks by Chief Justice Martha Koome, who condemned the withdrawal of police officers attached to Justice Lawrence Mugambi.

The CJ termed the move an act of intimidation and assured Kenyans they would continue to stand firm no matter what they faced.

"It is crucial to remember that judicial independence is not a privilege for judges; it is the cornerstone of justice for all citizens. Judges must be free to make decisions based solely on the law, without fear of retribution or interference," Koome said.

"Any encroachment on this independence puts our society at risk of descending into lawlessness, where might supersede rights, and justice is subverted by intimidation."

Earlier on Tuesday, Masengeli clarified that security officers attached to Justice Mugambi had been replaced by two VIP protection officers attached to the Judiciary Police Unit.

He insisted that despite having security officers seconded to provide protection to other state agencies, they remain under the command of the National Police Service, and the IG may reassign them where he deems fit.

"In the case of Justice Mugambi, the two security officers in question are general duty officers and were therefore recalled to attend VIP security training, and were replaced by two VIP protection officers from the Judiciary Police Unit," Masengeli said.

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