Masengeli's mounting woes: Judges file complaint, Katiba institute sues and Karua asks NPSC to act or resign
From left: Opposition leader Martha Karua, Acting Inspector-General of Police Gilbert Masengeli and Justice Lawrence Mugambi.
It was a day of mounting woes for Acting Inspector-General of Police Gilbert Masengeli as the Kenya Judges Welfare Association filed a complaint with the Independent Policing Oversight Authority (IPOA), while Martha Karua and other opposition leaders asked the National Police Service Commission to hold the police boss accountable for contempt of court or resign.
Additionally, the Katiba Institute and activist Julius Ogogoh have filed separate petitions to compel Mr Masengeli to reinstate security personnel assigned to High Court Judge Lawrence Mugambi. This is even as the police boss doubled down the night before, with NPS issuing a statement defending the withdrawal of his security.
In the first instance, the judges' lobby has filed a complaint against a police officer whom the association accuses of implementing a directive to withdraw Justice Mugambi’s security detail and a driver.
According to the Judges’ Association, following the judgment issued by Justice Mugambi, a police inspector only identified as Riri, and whom they say is attached to the Judiciary Police Unit and stationed at the Supreme Court, called and ordered the judge’s driver and bodyguard to immediately surrender their firearms and report back to GSU Headquarters.
Association president Justice Patrick Otieno said they also expect Mr Masengeli to issue a public apology to the judiciary.
“We remind Inspector Riri and the persons whose unlawful authority he is executing that the services of a driver and security to a judge are not privileges accorded to a judge at the whim of the Inspector-General, but a constitutional benefit one cannot take away without affronting the Constitution,” said Justice Otieno.
'Karua: NPSC must act or resign'
National Rainbow Coalition (Narc-Kenya) party leader Martha Karua addresses the media on the state of the nation on September 17, 2024.
Meanwhile, a section of opposition leaders on Tuesday called on the National Police Service Commission to take action against Mr Masengeli, saying it was shocking that it had remained silent as its employee continued to disregard the law.
The Commission, Ms Karua said, had not issued any statement condemning the Acting IG who has threaten the Judiciary by withdrawing the security detail of Justice Mugambi.
“We want to ask the National Police Commission to wake up, they are in slumberland. They should sanction their employee, one Masengeli. And if they are afraid of Ruto and his regime, they should go home and not take our money for work not done,” Ms Karua, accompanied by Thirdway Alliance party leader Ekuru Aukot and Dr Mukhisa Kituyi, said in Nairobi.
Katiba Institute, activist's suits
In its petition, Katiba Institute argues that the decision to withdraw the judge's security detail amounts to termination of a benefit, an act that is unconstitutional.
“When the judicial independence is whittled down, and judicial officers are put at the sufferance of the Executive or whims of the Legislature, the independence of the Judiciary is the first victim,” it said.
The organisation wants the High Court to further issue orders directing the National Police Service (NPS) or any other State agency from interfering with the benefits attached to the judge.
In a separate petition, Mr Ogogoh, an activist, said the acts of the police were whimsical and calculated to intimidate the judge.
“In view of the foregoing, the decision has been made without any force of law and is therefore, unreasonable,” Mr Ogogoh said.
Separately, Mombasa-based human rights organisation Haki Africa called on the Interior Cabinet Secretary Kithure Kindiki to take action so that court orders are implemented.
"Haki Africa calls on the Acting Inspector-General of police Mr Gilbert Masengeli to comply and present himself before the court. Should he fail to do so, we urge the Cabinet Secretary for the ministry of Interior to ensure his arrest and detention,” the organisation's executive director Yusuf Abubakar said.
Haki Africa also said it is deeply alarmed while condemning what it terms as the retaliatory action taken by the National Police Service against Justice Mugambi following his lawful execution of the judicial duties.
