Appointment of County police bosses unlawful, says Judge

Inspector General of Police Service David Kimaiyo. The appointment of the 47 County Police Commanders by the police boss was unlawful, a Nairobi court ruled Thursday. PHOTO | FILE 

By THOMAS KARIUKI
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The appointment of the 47 County Police Commanders by the Inspector General of Police, David Kimaiyo was unlawful, a Nairobi court ruled Thursday.

Justice George Odunga said that the purported appointments are a mandate of the National Police Service Commission and not the prerogative of the police boss.

The judge said the Inspector General of police has no constitutional powers to create an office or promote and transfer substantive officers.

“Any office in the National Police Service or any appointment, transfers or promotion of an officer can only be done by and in full authorisation of the National Police Service commission,” Justice Odunga said.

Justice Odunga in his judgment said that the National Police Commission is the only body obliged by its establishment “to appoint in a competitive and transparent recruitment exercise for police officer who qualifies for any position anywhere in the country.”

The judge said that the decision to appoint 47 county police commissioners to head the police service in the counties was like a growing tumour.

“The court will not nurture the tumour of impunity and lawlessness. This tumour of impunity is like an octopus, the way it stretches it tentacles to get into new places,” Justice Odunga said.

He said that the court would not sit back and watch people disrespect the sovereign law of the land but was willing to face all those who break the law.

He said the Inspector General erred in appointing the commissioners.

Despite his office being independent, the IG had no powers to hire and could only direct the appointment through the National Police Service Commission, the judge noted.

DEPLOYMENT CANCELLED

The court also cancelled the purported assigning and deployment of police saying that the Inspector General is authorised by law to only direct the assignment and deployment of police through the National Police Commission.

Justice Odunga held that the police boss can assign and appoint specific officers to undertake specific duties and specific assignments which lie within his constitutional powers.

However he dismissed a prayer to remove the Inspector General of Police from his office saying that he saw no reason for his removal as “courts cannot command a duty on the police.”

“I have not seen any merited reason for the removal of the Inspector General of Police,” Justice Odunga said.

He also clarified that the actions by the police boss was a temporary venture to ensure there was no vacuum left in handling the country’s security.