BY SAM ALFAN.
Thirdway Alliance National Chairman Daniel Miruru Waweru and his deputy Angela Mwikali have sued Inspector General of Police Hillary Mutyambai over the withdrawal of GSU officers guarding Deputy President William Ruto’s official residence in Karen.
Through lawyer Elias Mutuma, the duo accuse the IG of compromising and threatening the security of the Deputy President and exposing him, his office and the entire country to harm and danger.
In court documents, the duo want the court to declare that Mutyambai is unsuitable to continue holding a public office for violating Article 10 and Chapter Six of the Constitution of the withdrawal of the elite squad.
.“The IG has denied the Deputy President security due to him under Chapter 8 Section 5 (e) of the National Police Service Standing Orders and by virtue thereof, he has violated Articles 19 (3) and 24 of The Constitution of Kenya on the prohibition against limitations to the enjoyment of rights save in the manner provided by law,” says the duo.
The two want the court to direct the IG and the GSU commandant to return the withdrawn officers to the official and private offices and residences of the Deputy President.
It is their argument that the Deputy President has throughout his tenure been guarded by a minimum of 79 police officers drawn from the elite G-Company of the GSU.
They contend that the IG withdrew all officers at Ruto’s home and replaced them with 31 officers from the Administration Police Service who are on a 12-hour changing shifts unlike the elite GSU who had been camping at the DP’s residences.
“Unlike their GSU counterparts, the Administration Police officers are not ordinarily trained on VVIP protection,” the petition states.
They said the actions of the IG is a continuation of several acts and omissions undertaken to compromise the security of the Deputy President.
According to them, there is no justifiable reason for downgrading the security of the DP in a society with an established constitution and other laws and where the Rule of Law takes precedence.
“We are apprehensive that the illegal actions of the respondents are politically instigated and are meant to create a state of fear in the build-up to the general elections scheduled for August 2022,” duo claims in the court documents.
According to the two petitioners, the decision to withdraw the GSU officers was made without considering the fundamental freedoms and rights not only of the Deputy President but also those of millions of Kenyans.
This is because lapse of the Deputy President’s security has the ability to threaten national peace and order and bring shame, ridicule and dishonor to the office of National Executive comprising of the President, the Deputy President and the Cabinet.
“The said actions of withdrawing and or compromising the security of the principal assistant to the President, have attracted public outcry and created unnecessary tension and anxiety amongst the citizenry,” they say in court documents.
The petitioners accuse the state of acting in blatant disregard of the law and the Constitution and its actions continue to hamper the Deputy President’s performance of his constitutional duties and obligations to the detriment of the Kenyan public.
They argue that the said actions withdrawing or compromising the security of the principal assistant to the President have attracted public outcry and created unnecessary tension and anxiety amongst the citizenry.
“IG and Commander of GSU have acted in blatant disregard of the law and the Constitution and the actions and its actions continue to hamper the Deputy President’s performance of his constitutional duties and obligations to the detriment of the Kenyan public “, adds the duo.
They adds that the acts of Inspector General have compromised and threatened the security of the Deputy President and there is no reasonably justification reason for downgrading the security of the Deputy President in a society with an established constitution and other laws and where the rule of law takes precedence.
They further says they are apprehensive that the illegal actions of the IG and GSU commandant are politically instigated and are meant to create a state of fear in the build-up to the general elections scheduled for August 2022.
