NPS says Acting IG decision doesn't amount to intimidating Justice Mugambi

The National Police Service (NPS) has responded to the claims by the Judicial Service Commission (JSC) that withdrawal of security detail for Justice Lawrence Mugambi was intimidation and direct attack to the judicial independence.

However NPS described the accusations as baseless and affirmed its commitment to upholding the rule of law.

JSC under the leadership of Chief Justice Martha Koome had on Monday condemned the police over the withdrawal of Justice Mugambi's security detail.

"The decision was meant to send a chilling message to the judiciary and the public at large," CJ Koome said.

The JSC expressed concerns that the judiciary could be intimidated or retaliated against by state actors entrusted with their protection.

The NPS, however, clarified that decisions concerning personal security details lie with the Inspector General of Police (IG), who operates independently in accordance with Article 245 (4) (c) of the Kenyan Constitution.

"No person may give a direction to the IG with respect to the employment, assignment, promotion, suspension or dismissal of any member of the National Police Service," said Acting IG Gilbert Masengeli in a press release sent to newsrooms on Monday evening.

Mr Masengeli further outlined that the IG is responsible for the safety of all citizens, including judges, with decisions regarding personal security detail based on various factors, including risk levels and duties undertaken. 

"Other persons are provided with personal security based on the criteria set out above and, in the policies developed by the NPS," he added.

Addressing the specific case of Justice Mugambi, the statement revealed that the withdrawal of officers was due to their recall for VIP security training. 

"The two(2) officers, being general duty officers, were recalled for purposes of attending VIP security courses. Suitable arrangements were made to ensure that Justice Mugambi's security was always assured," Mr Masengeli explained.

The NPS reiterated its stance on impartiality in providing protection to all institutions, including the judiciary, stressing that such security measures do not favour any individual or institution. 

"The IG has accorded the Judiciary, just like the other arms of government, the requisite protection... without favour or discrimination," the statement read.

On the IG’s absence from the court proceedings the National Police boss said that his deputy was assigned to represent him.