The tiff between the Judiciary and the National Police Service has escalated, with the civilian police watchdog, announcing investigations into the alleged withdrawal of Justice Lawrence Mugambi's security detail by Acting Inspector-General of Police Gilbert Masengeli.
The withdrawal came days after the judge sentenced the police chief to serve six months in prison for contempt of court.
This came after Mr Masengeli defied several court summons, as he was required to explain the whereabouts of three missing men who were allegedly abducted by police officers last month.
He was first summoned to appear in court on August 26 to explain the whereabouts of activist Bob Micheni Njagi and two brothers Jamil and Aslam Longton.
The three were abducted separately on August 19, by persons believed to be police officers and bundled into white waiting vehicles never to be seen again.
On Tuesday, September 17, the Independent Policing Oversight Authority (Ipoa) said the probe was informed by the statement released by the Judicial Service Commission (JSC) stating how the judge's security detail was disarmed and withdrawn over the weekend in a deliberate and punitive measure following the Court's order to sentence the acting police boss.
"The investigations will inform recommendations, including but not limited to prosecution, where culpability is established," Ipoa CEO Elema Halake said.
Ipoa also waded into the case where the acting IG failed to honour court summons for a record seven times, a matter that resulted in the court's decision to jail Mr Masengeli.
"Failure to honour summons is unlawful and violated Article 244 of the Constitution. It sets a dangerous precedent which encourages impunity and disregard for the rule of law," Mr Halake said.
This came as Mr Masengeli told off the Judiciary over the reinstatement of Judge Mugambi’s security detail, insisting that the service is independent and will not let courts direct it on how and where to deploy its officers.
In a press statement shared to newsrooms, Mr Masengeli on Tuesday said the NPS is an independent government body and as such, has the autonomy to make its decisions regarding deployment of its officers.
“Article (245) (4)(c) of the Constitution provides for the independent command of the NPS vested in the Inspector-General of Police and no person may direct the IG with respect to the employment, assignment, promotion, suspension or dismissal of any police officer,” Mr Masengeli said.
In fact, the NPS boss said, the same Constitution that formulated other independent offices and arms of government, is the same source of authority for the operational autonomy and independence of the service.
Whereas every Kenyan is entitled to protection of their lives and property by the police regardless of their rank and status in society, Mr Masengeli said it is his responsibility to “determine requests for personal security detail to any Kenyan in so far as it is practicable”.
This process, he said, is done taking into consideration the need for personal security requirements of other Kenyans and the imperatives of addressing national security threats as and when they arise anywhere in the country.
His assertion comes a day after Chief Justice Martha Koome revealed the security detail of Justice Lawrence Mugambi, the judge who sentenced Acting IG Masengeli to six months in prison for contempt of court last Friday, September 13.
While condemning the decision, Justice Koome, who is also the president of the Judicial Service Commission (JSC), called for the officer’s reinstatement and asked the NPS to abide the rule of law.
“In the view of the foregoing, the NPS wishes to rebut the allegations raised by the JSC relating to the assignment of personal security to judges and to assure the country that security of all Kenyans, judges included, remains our utmost priority,” the acting IG said.
He further added that all police officers across the country will continue discharging their mandate of protecting Kenyans from harm and crime "without fear or favour, ill-will or affection.
"The IG will go out of the way to safeguard and protect the operational and functional independence of the NPS," he said.
Mr Masengeli's remarks come barely hours after petitions were filed by Katiba Institute and activist Julius Ogogoh filed separate petitions to compel acting IG Masengeli to reinstate security personnel assigned to Justice Mugambi.
