President Uhuru Kenyatta on spotlight over police reforms debacle

By CYRUS OMBATI

KENYA: The presentation to Parliament on Thursday of a contentious Bill seeking to empower the Inspector General of Police, signals authorities are determined to end the conflict with the National Police Service Commission (NPSC). 

The NPSC and the office of the IG have been at loggerheads over a number of constitutional issues stalling several operations.

Part of the fundamental issues include a move by IG David Kimaiyo to arrogate himself powers to transfer and promote police officers contrary to the law. They have also differed over the proposed amendments to the National Police Service (NPS) (Amendment) Bill and National Police Service Commission (Amendment) Bill. Their difference boiled to the public with commissioners accusing Kimaiyo of flouting the Constitution.

Insiders say they expected President Uhuru Kenyatta to defend the Constitution by allowing Kimaiyo to operate independently and within the law but that has not happened.

This was after he met the commission, including Kimaiyo, and promised to shelve the proposed changes. But he later chaired a Cabinet meeting that approved the proposed changes that will see the commission rendered obsolete and transfer some powers to the IG contrary to the law.

“The President must be getting wrong briefs because the move they are taking is unconstitutional and they all know so,” said an official in the police service who asked not to be named because he is not allowed to address press. The Cabinet has approved the proposed changes that some of the members of the commission, which Kimaiyo is a member, are opposed to. Whereas some members of the commission led by the IG and his deputies support the proposed changes others termed them illegal.

The two groups met before the Commission for the Implementation of the Constitution (CIC) and openly clashed over the matter, giving their reasons for their stand.

Chairman Johnston Kavuludi has led the first group in explaining how illegal the proposals are and cited section 246 of the Constitution, which gives them the clear mandate that the amendments seek to take away.

Powers of commission

He said the powers to recruit, transfer, promote and discipline are bestowed upon the commission and not the IG’s office by the Constitution and any move to change that can be done through constitutional changes.

“The commission’s position is that any amendments to the NPSC and NPS Acts, which entails the removal or derogation of the functions of appointments, transfers, promotions and discipline from the commission to the institution of the Inspector General is unconstitutional and would obviously meet a barrage of litigation towards that effect,” he said.

On his side IG David Kimaiyo and team argued the changes are aimed at ensuring governance benefit all Kenyans. They said the changes were in order because of overlaps in the two Acts on the mandates of the IG and commission.

Kimaiyo has since appointed more than 200 senior officers and posted them as County Commanders. He and the commission met for the first time in three months formally last Tuesday but there was nothing material that was discussed.