By Cyrus Ombati

Details of why Prime Minister Raila Odinga rejected the list of nominees to the National Police Service Commission (NPSC) have emerged with individuals at the Office of the President being accused of mischief.

Communication between the two offices before the names were forwarded to Parliament shows two sets of nominees who both claim had been agreed on.

According to one of the letters to the Clerk of the National Assembly, OP had on March 6 written to the Office of the Prime Minister (OPM) proposing Johnston Kavuludi as the chairman, Lawrence Nyale, Esther Chui Colombini, Bernard Mbai, Muia Mutia and Mary Awuor as members.

The OPM wrote back on March 7, saying the PM did not have any objection to the names.

However, the OP replaced some of the names and attached the PM’s letter saying he had no objection and forwarded a different list to Parliament.

Second list

Nominees who the OP forwarded to Parliament on March 7 included Ms Amina Masoud as the chairperson (not in original list), Esther Chui Colombini, Ronald Musengi (not in original list), James Atema (not in original list), Muia Mutia and Mary Awuor.

This prompted the PM to object to the list, saying there had been no consultations in regard to the second list.

"While the said letter from the Office of the President alluded to consultations between the President and the Prime Minister, no such consultations took place with regard to the revised list," said part of a letter written to the Clerk of the House.

Further, the PM’s letter to the Clerk dated April 19 says none of the nominees forwarded to the House meets the requirement of being an advocate as required by the Constitution.

The letter is copied to the chairman of the Departmental Committee on Administration and National Security Fred Kapondi.

"The names should be returned to the Executive for further consultations as required under the Constitution, the National Accord and the National Police Service Commission Act."

The letter says the PM had also written to the Speaker to express his objections to the list on March 9.

The issue of the list of the commission members has boiled to courts where a group of civil society has moved to object the same.

Other requirements

The Law Society of Kenya has also rejected the list of the nominees and termed it unconstitutional.

"The chairperson is not an advocate qualified to be appointed as a High Court Judge and none of the listed members is an advocate," read part of a memorandum.

LSK cited the Constitution, which says the composition of the nominees include a person qualified to be a High Court judge, two retired senior police officers, three persons of integrity who have served the public with distinction, inspector general and his or her deputies.

NPSC Act stipulates on the other requirements for the chairperson and members of the body.

President Kibaki nominated Ms Masoud as the chairperson of the commission, but the PM said there was no consultation and agreement over the issue.

Kibaki also nominated Colombini, Musengi, Atema, Mutia and Awuor as members of the commission.

The commission is crucial in jumpstarting much needed police reforms, which will see a new police chief, his two deputies and CID director appointed.

It is NPSC that will appoint the Inspector General, his two deputies and director of CID. The Inspector General and his two deputies will sit in the NPSC.

Conditions of service

The President, subject to approval by Parliament, shall appoint the IG after recommendation by the NPSC while his two deputies and director of CID will be recruited by the President without the approval of Parliament.

NPSC will take over the affairs of the police, including keeping under review all matters relating to standards or qualifications required of members of the service and with the advice of the Salaries and Remuneration Commission, determine the appropriate remuneration and benefits of officers.

It shall also approve applications for engagement in businesses by officers in accordance with the law and provide terms and conditions of service. The commission will develop fair and clear disciplinary procedures in accordance with Article 47 of the Constitution and investigate and summon witnesses for the purposes of its investigations.

It is not yet clear if the country will go to the elections under new police commanders.