Court blocks NPSC from recruiting a replacement of Grace Kaindi as Deputy Inspector-General

Grace Kaindi during her time as Deputy Inspector-General.

NAIROBI: The Employment and Labour Relations Court has temporarily stopped the National Police Service Commission (NPSC) from recruiting Deputy Inspector-General (DIG) of police to replace Ms Grace Kaindi.

Justice Nduma Nderi gave the order after Ms Kaindi renewed bid to challenging President Uhuru Kenyatta's decision to retire her claiming the move is unconstitutional and violation of her employment contract.

Justice Nderi directed the applicant to serve the commission and Attorney General Githu Muigai for them to respond within 14 days and directed the matter to be heard on October 14.

After Ms Kaindi was asked to retire on August 31 she was replaced with GSU Commandant Joe Kitili in an acting capacity as the NPSC seeks to recruit her replacement.

In the application which was certified urgent by Justice Nderi, Ms Kaindi said her removal from office and the move by the NPSC to advertise the post is illegal and unconstitutional and has asked the court to stop the process pending hearing of the case.

Ms Kaindi says she is yet to receive official communication from NPSC on why she was removed from office and wants the court to intervene. She claims that she has a five-year contract was to expire in 2018, adding that her retirement is violation of her contract of employment.

On September 16, Kaindi withdrew an earlier case she had filed before the Constitutional Division challenging her retirement and deployment to the civil service by President Uhuru Kenyatta.

Ms Kaindi withdrew the case she had filed under a certificate of urgency, seeking to stop NPSC from retiring her before the expiry of her 5 year term. She argued the position of DIG was a constitutional office and in effecting the transfer or retirement, President Kenyatta usurped the powers of the NPSC as enshrined in the Constitution.

Ms Kaindi's lawyer, Jessie Oduor, told the court that his client was considering alternative ways to seek redress over the decision to replace her.

On Monday the NPSC advertised the position in local dailies, setting October 9 as the deadline for those applicants interested in the position.

Applicants must be Kenyan nationals, with degrees from recognised universities or equivalents, serving as police officers of or above the rank of assistant IG. Those to occupy the position must be applicants who have served in the service for no less than 15 years among other requirements.

The changes in the service raised a storm from the opposition and women leaders since Kaindi was the first ever female Deputy Inspector General of Police. Even though the position is open to both ladies and gentlemen, it remains to be seen how the commission will handle gender balance owing to the fact that the vacant position was previously held by a female.