- However, Masengeli now says that security officers attached to Justice Lawrence Mugambi have been replaced.
- Chief Justice Martha Koome has since raised concerns over the alleged withdrawal, saying it has sent a chilling message to the Judiciary.
Image: FILE
Katiba Institute has filed a case in court seeking to have the acting Inspector General of Police Gilbert Masengeli compelled to immediately reinstate the security detail of High Court Judge Lawrence Mugambi.
Through advocate, Joshua Nyawa, Katiba argued that the actions of the IG pose as a permanent threat to the Judiciary's independence.
However, Masengeli now says that security officers attached to Justice Lawrence Mugambi have been replaced.
Speaking on Tuesday, Masengeli said they were 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.
"Police officers seconded to all government institutions, remain serving officers of the National Police Service, and their deployment or reassignment remains the mandate of the IG," Masengeli said.
"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," he said.
Mugambi's security was reportedly disarmed and withdrawn over the weekend after he sentenced IG Gilbert Masengeli to six months in prison for being in contempt of court.
Chief Justice Martha Koome has since raised concerns over the alleged withdrawal, saying it has sent a chilling message to the Judiciary that those entrusted with upholding justice can be intimidated or retaliated against for their rulings.
Koome, who doubles as the Chairperson of the Judicial Service Commission (JSC) strongly condemned the act of intimidation and assured Kenyans they will continue to stand firm no matter what they face.
Katiba, in its court papers, argues that the actions of the police have interfered with the independence of the judiciary and that it was unreasonable for the police to withdraw his security without notice.
The organisation says that unless the court intervenes and issues the orders sought, "the states action will result in a chilling effect as judges will be afraid to render adverse decisions against state organs for fear of retaliation."
Also sought is an order stopping the IG or any state agency from interfering with the constitutional benefits attached to Mugambi.