CS Murkomen, IG Kanja sued over security withdrawal for Natembeya, Khalwale

The Inspector-General of Police Douglas Kanja and Interior Cabinet Secretary Kipchumba Murkomen have been dragged to court over the abrupt withdrawal of security details assigned to Trans-Nzoia Governor George Natembeya and Kakamega Senator Bonny Khalwale. 

The lawsuit, filed by the Center for Litigation Trust, alleges that the move was unconstitutional, discriminatory, and politically motivated.

The security detail of Mr Natembeya and Dr Khalwale was recalled by the National Police Service on Wednesday ahead of the by-elections, which turned violent in some areas, especially in Malava Kakamega county, where motor vehicles were burnt. The two leaders were campaigning for Opposition candidates.

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However, in its petition the civil society organization argues that the withdrawal exposes the two leaders to security risks and violates their rights as state officers entitled to protection under Kenyan law. 

The case, filed at the Milimani High Court’s Constitutional and Human Rights Division, seeks orders compelling the immediate reinstatement of their security teams.

According to the organization, Governor Natembeya and Senator Khalwale—both vocal critics of the government—were stripped of their security details without explanation, raising concerns over possible political persecution. 

The petitioners contend that under the Policy on Provision of Protective Security to VIPs, security can only be withdrawn if an individual has been convicted of a crime, breached peace, abused privileges, or relocated counties —none of which reportedly apply in this case.

"The decision is retaliatory, whimsical, and calculated to intimidate the two leaders due to their political stance," reads the affidavit sworn by the organization's Executive Director Julius Ogogoh. 

He further argues that the withdrawal undermines constitutional safeguards protecting state officers from arbitrary actions by the executive.

Disregard for constitutional safeguards

"The Respondents' actions demonstrate blatant disregard for constitutional safeguards protecting state officers from arbitrary executive actions," states the petition.

The lawsuit cites multiple constitutional violations, including breaches of Articles 10 (national values), 27 (equality), 47 (fair administrative action), and 260 (protection of state officers). 

It also accuses the IG of Police and the Interior CS of disregarding the rule of law by failing to provide reasons for the withdrawal, thereby denying Mr Natembeya and Mr Khalwale their right to fair hearing.

"The selective withdrawal of security is discriminatory since other governors and senators retain their details," the petition states. "This creates a chilling effect on leaders who hold dissenting views."

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The petitioners are seeking declarations that the withdrawal is illegal, alongside orders to quash the decision, restoration of the security detail, and prohibition to bar further arbitrary actions. 

The Attorney-General has also been listed as a respondent for allegedly failing to uphold constitutional oversight.

Governor Natembeya and Senator Khalwale, who are named as interested parties in the petition, have previously accused the government of using state machinery to silence opposition figures. 

The case is expected to test the judiciary’s role in safeguarding constitutional protections against executive overreach.

No date has been set for the hearing, but the petitioners have urged the court to expedite the matter, citing the urgent security risks faced by the leaders.

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