The acting Inspector General Gilbert Masengeli has maintained Justice Lawrence Mugambi’s security detail was not withdrawn but replaced, terming the Judicial Service Commission’s revelation as ill-intentioned allegations even as the matter continued to raise more storm.

Speaking at the Directorate of Criminal Investigations (DCI) Academy in Nairobi, Masengeli said the officers had been recalled to attend a VIP training course adding that other officers had also been selected to attend the training.

“In the case of Justice Mugambi, the two security officers in question are General Duty Officers and were, therefore, recalled to attend VIP security training, and were replaced by two VIP protection officers from the Judiciary Police Unit,” he said.

“Contrary to the allegations by the JSC that the security detail assigned to Justice Mugambi has been withdrawn to intimidate the judge, we wish to clarify that the allegations were ill-intended,” he said.

Independence command

Masengeli maintained the IG exercises independent command of the service, adding that other than the CS Interior that may give policy direction to the IG, no person may do so with respect to the employment, assignment, promotion, suspension or dismissal of any member of the National Police Service in accordance with Article 245 of the Constitution.

“However, 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.

Masengeli said other than the President, the Deputy President and the Retired Presidents, no other Kenyan is entitled, by law, to personal security detail. He, however, said owing to the role of the Judiciary, the police recently established the Judiciary Police Unit (JPU) purposely for protection of the Judiciary and its officials.

According to Masengeli, the requisite protection to all Government Buildings, Judiciary included and their staff remains the service’s priority, adding that they serve without favour nor discrimination.

In defending the recall, Masengeli said all police officers seconded to all government institutions remain serving officers of the National Police Service and their deployment or reassignment remains the mandate of the IG.

Masengeli maintained he was actively involved in duty and could not attend court. “It is in the public domain that at the time the IG was summoned to appear in court, he was actively involved in security assessment in the Coast and North Eastern Regions,” he stated.

“In compliance with the Court Order, the IG was duly represented by the Deputy IG-Kenya Police Service because the matter in question was not personal to the IG.”

Missing trio

Masengeli had been expected in court to give a brief on the whereabouts of Bob Njagi, Jamil Longton and his brother Aslam Longton, who went missing on August 19. The trio were reportedly abducted by police officers amid the Gen Z-led anti-government protests. A petition was filed after the three went missing, prompting the court to intervene through habeas corpus (a fundamental legal remedy in cases of unlawful detention, requiring authorities to produce the detained individuals in court and justify their detention).

Justice Mugambi on Friday last week sentenced Masengeli to six months in prison after being found guilty of contempt of court and ordered him to present himself to the Commissioner General of the Kenya Prisons Service.

Regarding yesterday’s meeting, Masengeli said he held the consultative meeting with the Regional Traffic Enforcement Officers following an increase in road traffic accidents across the country. The meeting sought solutions to address the road carnage issue, and corruption in the Traffic Unit. “We call upon all members of the public to ensure compliance with road safety requirements,” he said.

Yesterday, Ugenya MP David Ochieng’ warned that he will present a censure motion in the National Assembly to oust Masengeli if he fails to resign immediately. He said Masengeli had proven to be a rogue officer and cannot be trusted with the critical role of manning the service and securing Kenyans.

“If he does not resign by the end of the day today, I will take a censure motion to Parliament to have him removed from office. He must leave office. That should not even be debated,” he said at a TV talkshow.

According to Ochieng, Masengeli’s brazen disobedience of the rule of law, after failing to honour seven court summons, should render him unfit for holding office.

Meanwhile, the withdrawal of Mugambi’s security detail continued to spark outrage and further significant concerns among judges and magistrates in Kenya.

Yesterday, the top judicial staff expressed fears that the absence of adequate protection puts their lives at risk, particularly given the sensitive nature of the cases they preside over in the courts.

Addressing the press in Kisumu, the Judges and Magistrates Association President, Justice Patrick Otieno, called for justice for the top ranking Judicial staff now in sharp focus.

“Ensuring our security is key to maintaining judicial independence and the rule of law in Kenya, and so we are asking the Police to respect the autonomy of the judicial functions.”