High Court declines to revoke Uhuru Kenyatta’s decision to retire Grace Kaindi from police

Outgoing Deputy Inspector General of Police Grace Kaindi

NAIROBI: The High Court on Friday declined to revoke President Uhuru Kenyatta's decision to retire Deputy Inspector General of Police Grace Kaindi.

Justice Monica Mbaru of Employment and Labour Relations court instead directed the Attorney General Githu Muigai and National Police Service Commission to file their response to the application seeking to have Kaindi reinstated within three days.

"The judicial review sought by the applicant seeks to challenge a decision which has already been made. It will be prudent that the court first addresses the preliminary objection raised by the respondents and then issue further directions," justice Mbaru said.

The judge directed that the matter be heard on September 14 by all parties.

The AG Friday opposed the application by human rights activist Zachary Onsongo seeking to quash the decision of President Kenyatta to retire and deploy Ms Kaindi.

The AG through Senior State Counsel Emmanual Bitta told the court, that DIG has no contractual relationship with the applicant which warrants the court's intervention in revoking the the President's decision.

Bitta submitted that at the hearing of the application, the court will be shown, that there is no privily of contract between the applicant, NPSC and AG.

"There has been no allegation or proof of prejudice the applicant will suffer in case the orders sought are not granted," Bitta submitted

Mr Bitta told Justice Mbaru that Ms Kaindi has reached her retirement age of 60 years and therefore was no violation of her contract.

Mr Onsongo on Thursday moved to court arguing that the move by the head of state is unconstitutional, which calls for the court to protect the violation of the constitution.

The activist through his lawyer Jesse Oduor, told the court that the said transfer of Kaindi erodes the constitutional gains towards the empowerment of women.

The lawyer told the court that in effecting the transfer or retirement of Ms Kaindi the President usurped the powers of the NPSC as enshrined in the constitution

Mr Jesse argued Kaindi holds a constitutional office in which she was appointed on the basis of competitive process by NPSC. He said the said transfer did not factor in the issue of gender as provided in the constitution.

The court that Kaindi has five years contract which expire on 2018, saying her retirement is violation of her contract of employment.