Kimaiyo faces legal action for transferring officers

BY LUCAS NG'ASIKE

NAIROBI, KENYA: A group of civil rights activists have threatened to launch a legal battle with police boss David Kimaiyo for breaking the law in his move to transfer senior police officers.

The group says Kimaiyo has no legal powers to transfer police officers of the rank of sergeant and above and dismissed interior Cabinet Secretary Joseph ole Lenku's argument as baseless.

Led by Independent Medico Legal Unit Executive director Peter Kiama and civil rights activist Ndungu Wainaina, the groups said Kimaiyo is already in contempt of court for ignoring past orders on the same issue.

They were reacting to raging debate on if it is Kimaiyo or National Police Service Commission who have powers to transfer police officers.

Kimaiyo and Lenku have insisted that it is legal for the former to move officers but the commission says it is illegal.

Sunday, the groups said the reshuffles made by Kimaiyo had breached the constitution arguing that the IGP had wrongly misinterpreted the constitution to effect the changes in policed service.

The groups have also threatened to take up front legal battle against the IG and termed the transfers of the senior police officers as unconstitutionally and procedurally doomed.

The group argued that the High Court on January 2014 made a ruling which acknowledged that under Article 245 of the Constitution, the Inspector General is empowered to exercise independent command over the National Police Service, and perform any other functions prescribed by the National legislation.

However, Article 246 sets out the National Police Service Commission (NPSC) and gives it powers to recruit and appoint persons to hold or act in offices in service, confirm appointments, and determines promotion and transfers with the National police Service.

It emerged that some senior officers in the service say the appointments are skewed to favour some people. They say a single community controls ASTU, GSU, firearms licensing, and deputy of Small Arms, Operations Kenya police, Operations GSU, Commandant of Kenya Police Training College, Commandant of the CID Training School and the Deputy Directorate of CID, commandant of GSU training School, almost 100 OCS.

The Court observed that it's the commission which has powers to exercise disciplinary control over officers and remove them from holding or acting within the service.

"We cannot allow the office of the IG to break the law on the matter which is clearly stipulated in the constitution. It's the commission which the inspector General is a member has mandate to transfer and appoint members of the service and not the other way round. The only power the IG could exercise, were the power to assign the member of the service a particular duties", Wainaina stated.

The independent Medico-Legal Unit (IMLU) executive director Peter Kiama in a statement said the wrangles between the NPSC and the office of the inspector general will expose this country to security risks.

"We urged the office of the Inspection General and the National Police Service Commission (NPSC) to serve the interest of Kenyan society especially at this time when security and safety of Kenyans are at stake", Maina said.