IPOA launches probe into withdrawal of Justice Mugambi's security detail

The Independent Policing and Oversight Authority (IPOA) has launched investigations into allegations concerning the withdrawal of security personnel attached to High Court Justice Lawrence Mugambi.

This follows Mugambi's last week sentencing of Acting Police Inspector General (IG) Gilbert Masengeli to six months behind bars for contempt of court.

In a statement on Tuesday, IPOA CEO Elema Halake referenced a Monday statement by the Judicial Service Commission (JSC) confirming the withdrawal of Mugambi's security detail, describing the move as deliberate and punitive.

"In view of the foregoing, the Independent Policing Oversight Authority, on its own motion, has instituted investigations into the alleged withdrawal pursuant to Section 6 of the Independent Policing Oversight Authority Act, Cap 86 Lows of Kenya," Halake said in the statement.  

"The investigations will inform recommendations. including but not limited to prosecution, where culpability is established."

Halake similarly slammed Masengeli for continuously ignoring court summons, emphasizing that the IG's actions set a dangerous precedent that encourages impunity and disregard for the rule of law.

"The Authority also notes that in the cited matter presided over by Justice Mugambi the High Court issued several summons to the Acting IG which were not honoured. This culminated in the Ag. IG being found in contempt of Court and was subsequently sentenced. Failure to honour summons is unlawful and violates Article 244 of the Constitution," he said.

Following the JSC statement on Monday, the National Police Service (NPS), in a rejoinder, elucidated that the sudden withdrawal Mugambi's security detail was done at the IG's discretion.

In the Monday statement, IG Masengeli stated that he reassigned Mugambi's detail "for purposes of attending VIP security courses" and that appropriate arrangements were made to afford him alternative security.

The withdrawal of the Mugambi’s security detail has sparked discussions about police conduct and adherence to the law with critiques of the opinion that the measure was a retaliatory action against the judge for sentencing Masengeli for contempt of court.

On Tuesday for instance, the International Commission of Jurists in Kenya (ICJ Kenya) criticised Masengeli's perceived actions while calling for the immediate reinstatement of Mugambi's security detail.

"The removal of security from Justice Mugambi constitutes a direct attack on the independence of the Judiciary and sets a dangerous precedent where judges may feel threatened in the exercise of their duties. This is unacceptable in any democratic state governed by the rule of law," ICJ Kenya Chairperson Protaes Sande said in a statement.

"ICJ Kenya calls upon the Executive, particularly the National Police Service, to immediately restore the security detail of Justice Mugambi. We also call on the authorities particularly the Interior Cabinet Secretary to ensure that Masengeli’s court-ordered sentence is enforced without further delay. No individual, regardless of position, is above the law."