A Mombasa-based human rights lobby Haki Africa has now vowed to smoke out the convicted acting Inspector General of Police Gilbert Masengeli if he fails to submit himself in court in the next few days.
The organisation has hinted at a daring plan to mobilize the public to march to Masengeli’s office and frog march him to court should he continue refusing to comply with the court order and submit himself to court.
The organization condemned the move by the Masengeli led National Police Service to disarm and withdraw Justice Lawrence Mugambi’s security detail following his lawful execution of judicial duties terming it as egregious violation of judicial independence and blatant affront to the country’s rule of law and constitutionalism.
Haki Africa Executive Director Yusuf Aboubakar warned that no one is above the law and if push comes to shove, the Acting IG will face a devastating public humiliation courtesy of “Power of the people” accorded by the constitution.
Aboubakar who is himself an advocate of the High Court, urged the interior Cabinet Secretary Kuthure Kindiki to ensure Masengeli is arrested and detained if he fails to comply with the Court orders or else the Citizens will invoke the section 35 of the criminal procedure code to carry out a citizen’s arrest and ensure his compliance with the law.
“We will just march to the office to look for him wherever he is and when we see him we will arrest him, present him to court. We have the power. No one has the power over the people. We have constitutional powers, we have legal powers and we have human resource powers. He will not hide,” said the Haki Africa boss.
Addressing the press at Haki Africa offices in Mombasa Aboubakar clarified that Court orders can be implemented by any nearest police station in accordance with the National Police Service Act regulations.
“Even the OCS can arrest the acting IG and take him to Court and the after taken in to serve his sentence. Therefore the assertions that Masengeli cannot be arrested are misleading,” he said adding:
“As things stand following the Court judgment, the acting IG is currently illegally in office. He is a convict and therefore has no powers to issue any orders or directives. This is why even the corporal or constable can arrest him and take him to court.”
In the light of the above, Aboubakar said any orders issued by Masengeli after his conviction including the withdrawal of security detail belonging to Justice Lawrence Mugambi who convicted the acting police boss- are “illegal, null and void.”
A press statement read on behalf of Haki Africa by Rapid Response Officer, Mathias Shipeta on the disarming and withdrawal of Mungambi’s security termed the move as unwarranted act of retribution against a sitting judge saying it is “a clear attack on the judiciary which is constitutionally mandated to remain independent and free from interference.”
Shipeta warned that development signals a dangerous shift towards a culture where impunity reigns and those who seek to uphold justice and accountability face retaliation from state actors.
