Rights activists threaten to sue David Kimaiyo over police transfers

BY LUCAS NG’ASIKE

Kenya: A group of civil rights activists have threatened to sue police boss David Kimaiyo following recent transfers of senior police officers.

The activists claim the move is irregular and say that Mr 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 arguments as baseless.

Led by the Independent Medico Legal Unit Executive director Peter Kiama and civil rights activist Ndungu Wainaina, the groups said Kimaiyo is in contempt of court for ignoring past orders on the same issue. They were reacting to raging debate on whether it is Kimaiyo or the National Police Service Commission who has the powers to transfer police officers.

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

The groups said the reshuffles made by Kimaiyo had breached the Constitution arguing that he had wrongly misinterpreted the Constitution to effect the changes in policed service.

They groups have also threatened to take up legal battle against the IG and termed the transfers of the senior police officers as unconstitutional.

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.