December 02, 2025
Trans-Nzoia Governor George Natembeya and Kakamega Senator Boni Khalwale got a reprieve on Tuesday after the High Court ordered the State to reinstate their security, which was withdrawn during the just-concluded by-elections.
Justice Bahari Mwamuye's order quashed the recent decision by CS Interior Kipchumba Murkomen and Inspector General of Police Douglas Kanja to withdraw the security details of Natembeya and Khalwale.
The Milimani High court Judge issued the order pending the inter-parties hearing and determination of a Petition filed by the Centre for Litigation Trust CLT against the CS and IG.
'Application dated 28/11/2025, a conservatory order be and is hereby issued in the nature of mandatory order compelling the Respondents, jointly and severally, to forthwith reinstate/restore the security detail and arrangements of the 1st Interested Party and the 2nd Interested Party in the numbers, composition, and other particulars as they existed immediately before the impugned actions of the Respondents" says the order.
Justice Mwamuye further issued a conservatory order restraining Murkomen and Kanja from interfering with the security detail and arrangements of the two leaders.
Ogogoh, the CLT Executive Director, through his affidavit, said the decision, termed as discriminatory in nature, was an attempt to intimidate the political leaders into changing their political stance.
"The decision by the 1st Respondent {CS Murkomen} to withdraw the security of the 1st and 2nd Interested Parties {Natembeya and Khalwale} is a total disregard of the Constitution and the Law regarding the protection and security of VIPs, in particular Governors and Senators”, says Ogogoh
He added that "The decision by the 1st Respondent CS Murkomen threatens and exposes the 1st and 2nd Interested Parties to security risks since they are at risk of being attacked and harmed based on the nature of their duties as Governor of Trans- Nzoia County and Senator of Kakamega County respectively".
Article 10 of the Constitution sets out national values and principles of governance that bind all state officers, state organs, public officers and all persons and required to apply the national values and principles of governance, including inter alia the rule of law, participation of the people, social justice, equity, non-discrimination, protection of the marginalized, good governance, integrity, transparency, accountability and sustainable development.
Represented by Lawyer Nicholas Kamwenda of N.M. Kamwenda & Company Advocates, Ogogoh said CS Murkomen and IG Kanja were bound to apply the aforesaid values and principles.
" The right to fair administrative action is a reflection of some of the national values in Article 10, such as the rule of law, human dignity, social justice, good governance, transparency and accountability.
"Consequently, where an action taken by the administration affects or threatens individuals, the procedures followed comply with the constitutional standards of administrative justice, which doesn't obtain in the instance case" says the petition, which was filed in Court under Certificate of Urgency.
The case will be mentioned on 21st January, 2026, to confirm compliance and to take directions on the expedited hearing and determination.