Acting Inspector General (IG) of police Gilbert Masengeli has defended the withdrawal of Justice Lawrence Mugambi's security detail, even as the judiciary and the police appear to be on a collision path.
The two officers attached to Justice Mugambi, the IG said on Tuesday, were withdrawn for training and were replaced with specialised officers.
“In the case of Justice Mugambi, the two security officers in question are general duty officers and they were therefore recalled to attend VIP protection security training and were replaced by two VIP protection officers from the Judicial Police Unit,” Mr Masengeli said.
In the wake of this ruling, the security detail assigned to Justice Mugambi was disarmed and withdrawn.
The Judicial Service Commission termed the actions a “deliberate and punitive measure” and “a direct assault on judicial independence, an affront to the rule of law, and a violation” of the constitution.
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However, Mr Masengeli said that the interpretation of the JSC on the withdrawal of the security detail attached to Justice Mugambi “was ill-intended.”
The Acting IG explained that no one other than the Interior Cabinet Secretary had the powers to question him as far as the powers to employ, assign, suspend or dismiss any member of the National Police Service (NPS) are concerned.
“NPS plays a critical role in the national security of our country. Consequently, independent command and control of the police is vested in the IG. Other than the Interior CS, that may give policy direction to the IG, no person may give direction to the IG with respect to the employment, assignment, suspension or dismissal of any member of the NPS in accordance with the [constitution].”
He reiterated that his office was responsible for the security of all Kenyans regardless of their status in the society.
Other than the President, his deputy, and the retired Heads of State, Mr Masengeli said no other Kenyan is entitled by law to the provision of personal security detail.
The security detail to judges and other judicial officers, therefore, he said, is only an attachment by virtue of the role at the judiciary.
The NPS recently established the Judicial Police Unit, purposely for the protection of the judiciary and its officials, he explained.
“Nonetheless the IG may accord additional security detail to specific persons based on the nature of assignments being undertaken by such persons and the threat levels which their responsibilities may attract,” he said adding that the “responsibility of the IG to secure the nation is a humongous task and police work is unique.”
Furthermore, he added, the police officers seconded to government institutions remain serving officers of NPS and their deployment or reassignment, remains the mandate of the IG.
The protection of Very Important Persons (VIPs) is guided by the NPS policy on the provision of protection of security to VIPs and other state officers.
