An activist has sued Interior Cabinet Secretary Kipchumba Murkomen over the withdrawal of the security detail of Trans Nzoia Governor George Natembeya and Senator Bonny Khalwale.

In a petition before Justice Lawrence Mugambi, the activist, Julius Ogogoh, terms Murkomen’s decision to withdraw the security of the two leaders as illegal, unconstitutional and void.

Ogogoh, Executive Director of the Mombasa-based Centre for Litigation Trust (CLT), said Murkomen’s decision was unreasonable, whimsical and amenable to judicial intervention.

“We seek an order of certiorari to issue quashing any decision of the Respondents (Murkomen) withdrawing the security of the 1st and 2nd Interested Parties (Natembeya and Khalwale) and compel them to forthwith restore the security of the Interested Party,” said Ogogoh.

CLT sued Murkomen, the Attorney General and the Inspector General of Police.

He said that neither of the legislators has been charged or been informed of any investigation being conducted upon them on suspicion of having committed any crimes.

Ogogoh said the acts by IG and Murkomen are retaliatory, whimsical and calculated to bully and intimidate the legislators, and if unchecked by judicial intervention, may erode public trust and undermine the very foundation of the rule of law and constitutional democracy.

“The decision by the IG to withdraw the security detail of Natembeya and Khalwale is also discriminatory in nature since all the other governors and senators continue enjoying security provided by the National Police Service,” said Ogogoh.

Ogogoh said that Murkomen disregarded the rules of natural justice by condemning Natembeya and Khalwale unheard.

He said that to date Natembeya and Khalwale are yet to be informed of any reason that led to the withdrawal of their security.

“The right to fair administrative action under Article 47 of the Constitution cannot also be suspended at the whims of any state organ,” said Ogogoh.

Ogogoh said that the right to protection and security of a judge, including Natembeya and Khalwale, is not a gift from the state that can be suspended at the whims of any state organ or officer, including Murkomen or the IG.

He said there is not any evidence that Natembeya and Khalwale breached or violated the conditions of the policy on the provision of protective security to VIPs and other state officers.

“That the security detail attached to Natembeya and Khalwale has unceremoniously been withdrawn, which threatens and exposes them to security risks since they might be attacked or harmed based on the nature of their duties as the Governor of Trans-Nzoia County and the Senator of Kakamega County, respectively,” said Ogogoh.

He said the withdrawal of the security detail of the two legislators is meant to intimidate them to change their political beliefs and affiliation.