Former Attorney General Justin Muturi.
Former Cabinet Secretary Justin Muturi wants Inspector-General of Police Douglas Kanja cited in contempt of court over alleged disobedience of an order to reinstate his security detail.
In the application filed at the High Court in Milimani, Mr Muturi says by virtue of the Retirement Benefits (Deputy Presidents & Designated State Officers Act, he is entitled to two armed security guards because he is also a former Speaker of the National Assembly.
However, he says following his removal from the Cabinet by President William Ruto, the security detail was withdrawn exposing him to security risks.
This prompted him to seek court’s intervention and Justice Chacha Mwita ordered the reinstatement of the security, pending the hearing of the case where the IG and the attorney-general are listed as the respondents.
“The court on April 11, 2025 issued a conservatory order directing the Inspector General of police to immediately reinstate or restore my security and not to withdraw or interfere with it in any manner until June 24, 2025 (when the case is scheduled for hearing),” says Mr Muturi in his affidavit.
"Genuinely apprehensive"
He states that he is genuinely apprehensive about his personal security as he now faces real risk of being attacked and harmed.
Prior to his removal from the Cabinet, Mr Muturi had become critical to the Ruto administration over abductions, disappearances and extrajudicial killings targeting youth since last year's anti-government demonstrations.
He says the security withdrawal was State’s reaction to his criticism of the government and “as a form of intimidation”.
“The decision to withdraw the security is malicious and without lawful explanation as the same has been taken owing to Mr Muturi’s exercise of his constitutional right to freedom of expression on the current administration,” the court papers indicate.
He claims that Mr Kanja has disregarded the laws concerning protection and security of Retired Speakers of the National Assembly.
According to him, withdrawal of the security was an administrative action by the IG, “which was made without any force of law, was unreasonable, whimsical and ought to therefore be quashed”.
Inspector-General of Police Douglas Kanja.
On April 17 his lawyers, Isaac W. & Associates, wrote to Mr Kanja demanding compliance with the court orders but the IG still failed to restore the security, triggering Mr Muturi to initiate the contempt proceedings yesterday.
“It is the unqualified duty of every person against whom an order is issued to comply with the order, hence there is no good reason why Mr Kanja is yet to restore my security, as per the court order. Wilful disobedience of a court order amounts to disrespect of the authority of the court and is punishable,” he says while pushing for punishment of Mr Kanja.
He states that he had enjoyed armed security as a former speaker of the National Assembly since retiring in 2022.
His advocates argue that the effect of the security withdrawal was to threaten and intimidate Mr Muturi and expose him to security risks as he had at all times enjoyed security.
“The decision effectively denies Mr Muturi a benefit he is legally entitled to under the Retirement Benefits (Deputy Presidents & Designated state Officers Act Cap 197B, without any reasonable or lawful justification. It is also in violation of his constitutional right to fair administrative action protected under Article 47 of the constitution,” says the advocates. Both the IG and the Attorney General are yet to respond to the application.
