By Felix Olick and Cyrus Ombati
NAIROBI; KENYA: There could be further delay to the appointment of new top police commanders following a petition to Parliament for fresh vetting of four nominees over adverse claims.
If any of four singled out by civil society groups over alleged claims of separate roles in a corruption, tribalism, drug links, defiance of court orders and post-election violence atrocities, are picked by the President and Prime Minister, the relevant House Committee will have to vet them against these serious claims.
This means that there could be fresh battle ahead given the polarised nature of Parliament and the fact that there is a provision in law allowing members of the public and other interested parties to raise their reservations on all or either of the nominees.
As was seen in the case of Mr Mumo Matemu when Parliament picked him, despite integrity issues raised against him, to head Ethics and Anti-Corruption Commission, still the court ruled on a subsequent suit against his appointment that he was unsuitable for office.
Following the issues raised by the civil societies yesterday, which largely were raised and dismissed during the vetting process last week with the release of the list of final nominees, it looked more like the process that would have unlocked delayed police reforms in line with recommendations made after 2007 bungled elections would have to wait.
It also appeared likely that if the tussle ends up in Parliament, which is itself prone to politicised decisions, the country could likely enter the election campaign period without the new commanders and in the hands of a Police Commissioner who has expressed interest to retire.
Myriad accusations
The civil societies focussed on the posts of Inspector-General of Police and two deputies to head police (including CID and GSU units) and Administration Police respectively.
The activists — led by Ms Atsango Chesoni and Mr Odhiambo Oyoko — demanded fresh vetting of the candidates by the Commission.
The opposition came after the National Police Service Commission announced that six individuals had been shortlisted for the positions at the apex of the National Police Service.
A myriad of problems have dogged the police reforms, including a dispute on the composition of the National Police Service, which stalled the process for some time.
On Thursday, the activists demanded that the nominations of Grace Kaindi and David Kimaiyo for appointment as Inspector-General, and Ndegwa Muhoro and Samuel Arachi (Deputy Inspector-General for regular and Administration Police respectively) be reviewed.
Under the umbrella of Police Reforms Working Group (PRWG-K), they said the nominees have serious and credible integrity issues.
“These allegations range from corruption, drug trafficking, contempt of court and their role during the 2007/2008 post-election violence,” noted Mr Oyoko, the acting co-ordinator of the Rights Promotion and Protection Centre.
But Mr Johnston Kavuludi, the chairman of the National Police Service Commission, said the allegations were baseless. “We did not find any evidence or basis. They were just allegations and we could not hold onto them,” he said.
But the civil society has urged the Parliamentary Committee on Administration and National Security to carry out thorough research on the four. The group challenged the Kavuludi-led commission to tell the public their findings on the four.
Specifically, they sought to know the findings regarding Kaindi’s role in the post-election violence in Kisumu at a time when she was the Provincial Police boss.
“Did the Commission investigate her alleged reluctance to co-operate with the International Criminal Court in procuring evidence to prosecute the perpetrators?” they posed. They are also demanded to know Kimaiyo’s role at the time as he was the Director of Operations at the Police headquarters.
On Muhoro, the current director of the Criminal Investigations Department (CID), the group asked the commission to release their findings regarding his alleged role in the Democratic Republic of Congo gold syndicate, contempt of court accusations and claims of drug dealings.
And on Arachi, the acting Administration Police Commandant, the group wants allegations of ethnic favouritism and corruption during his tenure made public.
Clearing names
Kaindi had told the commission during the vetting interview that she did all she could as the Nyanza police boss to address the violence that broke out after the announcement of the presidential election results.
She dismissed claims that she had been unable to contain the situation, instead blaming armed gangs that operated in Nyalenda and Obunga slums for the violence.
“I was there leading the operation. I did not hide and you can even review clips to confirm that I was there and in charge,” she said.
Kaindi said she would push for better resources. “An ideal police station is supposed to have at least three vehicles.”
Kimaiyo admitted that the police service was almost overwhelmed in election chaos, but did their best. He said lack of adequate personnel and equipment curtailed police effectiveness, adding that he did not know why he was moved to the Gender ministry.
Muhoro denied any role in the DR Congo gold syndicate, saying that at least four suspects were in court. “There was nothing like gold stolen. The complainant in this case was called to testify but she refused. The case is in court and some suspects are facing various charges over the same,” said Muhoro.
Muhoro also denied other accusations against him, terming claims that he protects drug dealers “malicious and lies”.
Arachi said as a commandant in charge of the Security of Government Buildings (SGB), he had developed an open door policy and he never favoured anyone.
