Court summons IG David Kimaiyo over transfer of junior officers

NAIROBI, KENYA: A Nairobi judge has ordered the Inspector General of Police David Kimaiyo to personally appear before him next month for allegedly disobeying court orders.

High Court judge George Odunga also ordered Kimaiyo's deputy and the Deputy Director of Personnel Kapchanga Kitoo to also appear before him in person on November 14 to explain why sanctions should not be taken against them over what he termed as abhorrent conduct.

The judge issued the order following an application by 29 junior officers who are challenging their transfer from Athi River Weighbridge Police Station in Machakos County.

Kimaiyo had transferred 30 junior officers from the station citing rampant cases of corruption. The officers received communication of their deployment to other stations on March 6, 2013.

On March 15, same year in an unprecedented move, they filed a suit at the High Court challenging the transfers. They obtained the orders stopping the IG from transferring them.

Later the High Court quashed the IG's directives holding that the only body constitutionally mandated to transfer police officers is the National Police Service Commission (NPSC).

In may this year the officers went back to court with an application seeking to have the three police bosses jailed for six months for deliberately refusing and disobeying court issued on March 15, 2013.

Through lawyer Jimmy Sausi they claimed that the order had been served on Kimaiyo and his two juniors through the legal offices at Vigilant House.

Even after receiving the orders the police bosses through the Athi River Weighbridge police station boss Alex Mumo had ordered the 29 officers to vacate their quarters immediately and to report at their new stations.

And when the officers declined to heed the command they were declared deserters from the police service and their salaries suspended. Others have been forcefully evicted from the police house.

Kimaiyo and his deputy claimed the orders were no served on them in person. And by the time they were issued, the transfers had already been effected and the officers had already reported to their new stations.

They argued that once decision of the police service had been effected they were irreversible since the transfers affected more than one officer.

Judge Odunga observed that though the orders were not served on the police bosses in person that did not mean they were worthless.

The court could not turn a blind eye where its orders were being abrogated or abridged by brazen or subtle schemes and manoeuvres in the name of police procedures, the judge said.

"What is contended in their submissions is nothing but manifestation of sheer arrogance and display of impunity," Odunga said adding that to disregard court orders on the argument that the police decisions could not be reversed was the height of invisibility coming from law enforcement agencies.