The High Court has ordered the police boss to restore security personnel guarding Kandara MP Alice Wahome.
Justice James Makau said in a judgment that it was illegal for Inspector General of Police Hillary Mutyambai to recall Ms Wahome’s bodyguards without informing her the reason for the withdrawal.
The Judge said there was also no evidence that the MP had committed any crime to warrant the move.
“In this petition, I find that there is no evidence of the petitioner having been accused of breaking any law nor has she been informed of any investigation being conducted against her; if any,” the judge said.
The judge added that the mere allegation that the MP committed an electoral offence by harassing an election official, without more explanation, was not sufficient.
Ms Wahome told the court that she has been unable to discharge her functions effectively to the people of Kandara and the country at large as a result of the withdrawal of her security.
She also said the withdrawal of the security was meant to intimidate her to change her stand on bad governance in government is practicing and her political beliefs and affiliation.
The withdrawal was made after the police said on January 20, that they will not provide security detail to VIPs who are involved or suspected to be involved in crime until they are cleared by the court.
Through lawyer Stephen Gitonga, the MP said the decision is discriminatory in nature as all other MPs continue enjoying security provided by the National Police Service.
He argue that the decision threatened and exposes her to security risks as she has enjoyed security ever since being elected to Parliament in 2013.
Mr Gitonga submitted that the MP has never been charged or informed of any investigation being conducted against her, on suspicion of having committed any crimes.
But the police through Henry K. Borma, who is the Director of operations said following the rise of reports implicating some VIPs and state officers in crime incidences and unlawful conduct, the police reconsidered the privileges accorded to some VIPs.
The officer said Ms Wahome committed an electoral offence by harassing an election officer, who was performing his official duties thereby causing a breach of peace.
He said such acts of harassment and intimation puts the police bodyguard in a precarious position as law enforcement officers and is otherwise an abuse of the privilege to police body guards.
Mr Borma said after review of the conduct of Ms Wahome, bodyguards attached to her were withdrawn in accordance with policy guidelines issues on January 20.
But the judge said there was no cogent evidence or any at all to the affect that the MP has broken any law or is under investigation for breaking any law.
The judge termed the withdrawal illegal and ordered for immediate restoration of her bodyguards.