By CYRUS OMBATI
The Law Society of Kenya (LSK) has rejected nominees to the National Police Service Commission (NPSC).
In a memorandum to Parliament, LSK said on Saturday the list of the nominees is 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 the memorandum.
LSK secretary Apollo Mboya submitted the letter asking the Departmental Committee on Administration and National Security to reject the nominees and refer the list back to the Selection Panel to comply with provisions on the composition of the commission.
The memorandum was among those that were received in Parliament on whether the names should be rejected.
Clerk of the National Assembly Patrick Gichohi had asked those against the names to submit their memoranda for consideration prior to approval of the nominees by the House.
Cited Constitution
LSK cited the Constitution, which makes mandatory for the composition of the nominees to include a person qualified to be a High Court judge, two retired senior police officers, three persons of the integrity who have served the public with distinction, Inspector General of Police and his or her deputies.
NPSC Act stipulates on the other requirements for the chairperson and members of the body.
"This constitutional and legal requirement is further supported by the fact that all commissions that have a quasi-judicial function have required that the Chairperson must be a person with qualifications of either a Supreme Court Judge, like in the case of the Independent Election and Boundaries Commission (IEBC) or a High Court," read the memorandum.
President Kibaki nominated Ms Amina Masoud as the chairperson of the Commission but Prime Minister Raila Odinga rejected her selection, claiming that he had not been consulted. Kibaki also nominated Esther Chui-Colombini, Ronald Musengi, James Atema, Major Shadrack Mutia and Mary Auma Owuor as members of the Commission.
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