High Court orders immediate reinstatement of Natembeya, Khalwale's security

Opposition leaders led by Kakamega Senator Dr. Boni Khalwale campaigning for DAP  party candidate Seth Panyako at Malava on November 21,2025. [Dennis Kavisu]

The High Court in Nairobi has ordered the reinstatement of the security detail of Trans Nzoia Governor George Natembeya and Senator Bonny Khalwale.

Justice Bahati Mwamuye directed the Inspector General of Police and Interior Cabinet Secretary Kipchumba Murkomen to restore all the officers deployed to guard Natembeya and Khalwale.

The judge issued a conservatory order compelling the IG and CS to restore and stop interfering with the security details of the two leaders.

He also issued a conservatory order barring the IG and CS Interior from negatively interfering with or detrimentally varying the security details and arrangements of Natembeya and Khalwale as they existed before.

He said that pending the inter partes hearing and determination of the petitioner’s Notice of Motion Application dated November 28, 2025, the IG and CS Interior must stop interfering with the security of the two legislators.

“A conservatory order be and is hereby issued in the nature of a mandatory order compelling the respondents (IG, CS Interior), jointly and severally, to forthwith reinstate the security detail and arrangements of the 1st Interested Party (Natembeya) and the 2nd Interested Party (Khalwale) in the numbers, composition, and other particulars as they existed immediately before the impugned actions of the respondents,” said Justice Mwamuye.

On November 28, 2025, the Centre for Litigation Trust (CLT) sued Murkomen over the withdrawal of the security detail of Natembeya and Khalwale.

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

In his petition, CLT Executive Director Julius Ogogoh said Murkomen’s decision to withdraw the security of the two leaders was illegal, unconstitutional, and void.

Ogogoh said Murkomen’s decision was unreasonable, whimsical, and amenable to judicial intervention.

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

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

Ogogoh argued that the actions by the 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 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.

He added that Murkomen disregarded the rules of natural justice by condemning Natembeya and Khalwale unheard.

He said the two leaders have not been 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 be suspended at the whims of any state organ,” said Ogogoh.

He said there is no 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 claimed the withdrawal of the security detail of the two legislators is meant to intimidate them into changing their political beliefs and affiliation.

The case is set for mention on January 21, 2026, to confirm compliance and to take directions.