The High Court has ruled that the Inspector General of Police cannot withdraw security from public officials without a written notice.
Justice Lawrence Mugambi, in his verdict over the withdrawal of bodyguards for governors Ochilo Ayacko, Gladys Wanga, James Orengo, Anyang Nyong’o and Simba Arati, said that security details are benefits afforded by the government to its officers and cannot be taken away whimsically.
According to the court, the security personnel are assigned to office holders owing to their job and the risk that comes with their office.
He asserted that it is unfair and illegal to be denied the essential service.
“A declaration is hereby issued that provision of protected security detail to persons performing public duties is based on merited assessment that arises from the nature of the public duties and any withdrawal or removal of security without prior written notice, an opportunity to be heard and written reasons for the decision being given to the affected person(s) violates Article 47(1) & (2) of the Constitution and the applicable policy hence unconstitutional, unlawful, null and void,” said Justice Mugambi.
He ruled that the police bosses cannot act against their internal policies to protect the government, its offices, assets, and officials.
Jacjohn Owino had sued the Inspector General of Police and the Attorney General and named the five ODM governors as interested parties.
According to Owino, the security of the governors was recalled for being vocal against the government’s unconstitutional excesses.
In response, Commissioner of Police Peter Nyaga argued that the National Police Service Act does not impose a specific duty on the police to provide protective security to VIPs and other government officers.
He said instead, a 2016 government policy provides conditions under which those entitled to security are to be denied or withdrawn.
The officer asserted that security is not an absolute right. He said the guards can be recalled if one breaches the conditions set.
According to Nyaga, no constitutional violation was cited or raised in the case.
On the other hand, the Attorney General argued that the case was misconceived, driven by rumours, speculations, unfounded hearsay, and fears without any factual evidence from the governors. The government’s legal advisor also contended that other events had overtaken the case.
Governor Ayacko, through the County Secretary Oscar Olima, told the court that his police security was withdrawn on July 18, 2023, without notice or explanation.
Wanga argued that the withdrawal was illegal and discriminatory, as all governors are entitled to security. She said there was no evidence that she had breached any law or conditions.
According to the Homa Bay County chief, all government employees are entitled to a fair administrative process, and cogent reasons should be backed up for the officers’ withdrawal.
According to the ODM chairperson, the police bosses were in breach of their own policy, adding that she expected to enjoy her security just like any other governor.
Governors Orengo, Nyong’o and Arati did not participate in the case and did not file their responses or submissions before the court. By Kamau Muthoni, The Standard
