IG Masangeli Finally Breaks Silence on His Sentence, Withdrawal of Judge’s Security Detail
IG Masangeli Finally Breaks Silence: The attention of the National Police Service (NPS) has been drawn to a statement issued by the Judicial Service Commission (JSC) on September 16, 2024 and signed by its Chairperson, the Hon. Lady Justice Martha Koome, Chief Justice.
In the statement, the JSC alleges that the security detail assigned to the Hon. Justice Mugambi was withdrawn over the weekend supposedly “to send a chilling message to the judiciary and the public at large; that those entrusted with upholding justice can be intimidated, bullied or retaliated against for their rulings.”
The National Police Service would like to clarify as follows:
1. The responsibility for the INDEPENDENT Command of the National Police Service is vested in the Inspector General (IG) and 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” in accordance with Article 245 (4) (c) of the Constitution.
2. The IG is responsible for the security of all Kenyans regardless of their status in the society. 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.
3. In view of the foregoing, the NPS wishes to rebut the allegations raised by the JSC and to assure the country that security of all Kenyans, Judges included remains our prime consideration. In particular, the NPS notes that other than the President, the Deputy President and the Retired President, no other Kenyan is entitled by law to be provided with personal security detail. Other persons are provided with personal security based on the criteria set out above and, in the Policies, developed by the NPS and as may be determined by the IG from time to time.
The tenure of Judges does not, by that fact alone, include personal security as a matter of law. In line with the VIP Policy, VIPs are protected by Specialized Units including Security of Government
Buildings, VIP Protection Unit which in the case of the Judiciary is christened the Judiciary Police Unit.
4. It is in the public domain that the IG has accorded the Judiciary, just like the other arms of government, the Commissions and other Independent Agencies, the requisite protection, both the institutions and the persons serving therein, without favour or discrimination.
The officers seconded to such institutions however remain serving officers of the National Police Service who can be reassigned at the sole discretion of the IG. Such was the case with Hon. Justice Mugambi’s security.
The two officers, being general duty officers, were recalled for purposes of attending VIP security courses.
5. NPS wishes to reiterate its commitment to ensuring that the rule of law is always maintained. Due to exigencies of national security duties, the IG was unable to attend Court in the matter adverted to by the JSC in the press statement.
6. The responsibilities of the IG to secure the nation require the office holder to attend operational meetings virtually the entire day at different locations.
In a bid to comply with the Orders, the IG assigned the Deputy IG Kenya Police Service to attend Court on his behalf.
It is not clear why the Court insisted on the IG attending to this matter in person, yet an equally senior officer had been availed by the Service.
For the avoidance of doubt, the issues arising in the matter in Court were not personal to the IG.
7. The National Police Service remains committed to the multi-agency spirit under the National Council on Administration of Justice.
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