The row over the withdrawal of General Service Unit (GSU) officers guarding Deputy President William Ruto’s official residences has now moved to court, with two Kenyans challenging the move, arguing that it is politically instigated.
Thirdway Alliance party officials Miruru Waweru and Angela Mwakali now want Inspector-General of Police Hillary Mutyambai compelled to return the withdrawn squad, citing Chapter 8 Section 5 (e) of the National Police Service Standing Orders.
The duo said they are apprehensive that the illegal actions are politically instigated and are meant to create a state of fear in the build-up to the 2022 General Elections.
“The 1st and 2nd Respondents (Mr Mutyambai and the GSU Commander) be and are hereby directed to return to their stations at the official or private offices and residences of the Deputy President, officers of the General Service Unit who until 26th August, 2021 were deployed to protect the Deputy President,” the application states.
Through lawyer Elias Mutuma, they further want the police boss restrained from curtailing and denying Dr Ruto access to any official office or residence designated for the deputy president.
In the petition, Mr Mutuma said that Mr Mutyambai justified the withdrawal of the GSU by asserting that their replacement with officers from the Administration Police was routine deployment.
“The acts and omissions of the 1st respondent have compromised and threatened the security of the Deputy President,” he said, adding that there is no reasonably justifiable reason for downgrading the security of DP Ruto in a society with an established constitution and other laws and where the rule of law takes precedence.
Mr Mutuma said the decision was made with a lack of consideration of the fundamental freedoms and rights, not only of the deputy president, but also those of millions of Kenyans.
He said this is because a lapse of the DP’s security has the ability to threaten national peace and order and bring shame, ridicule and dishonour to the office of the national executive, comprising of the President, the Deputy President and the Cabinet.
“That 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,” Mr Mutuma said.
Justice Weldon Korir certified the matter as urgent and set hearing for September 21, 2021.