Court: Inspector General of Police David Kimaiyo has no power to appoint police officers

By JOHN MUTHONI

Nairobi, Kenya: Inspector General of Police David Kimaiyo has no power to appoint, transfer or promote officers in the National Police Service (NPS), a court has ruled.

In his ruling, High Court judge George Odunga said the powers are vested in the Johnston Kavuludi-led National Police Service Commission (NPSC), adding that Kimaiyo can only act on the recommendation of the appointed commissioners.

“The Constitution does not confer the powers of transferring, promoting or deploying police officers to the Inspector General. This court is aware of the activities that are happening based on convenience but we must uphold the Constitution or else we will be left to deal with a tumor of lawlessness and illegalities,” said Odunga.

The judge was referring to the appointment of 47 county police commanders.

The appointments seemed to go against the ones planned by the commission which had advertised the positions seeking that qualified officers apply for them in accordance with the law.

Kimaiyo had opposed the move, saying it was against the norm in which he is the one to appoint the commanders and forward the names to the commission for approval.

“The words deployment, promote, assignment and transfer are very distinct and thus should not be placed in for the other,” said Justuce Odunga.

Odunga added that Kimaiyo cannot claim that he is right by alleging that he has given an officer an assignment whilst meaning that he has transferred him or her to a certain station.

He said the IG is only allowed to assign an officer whist waiting for recommendations from the commission, adding that Kimaiyo cannot create an office in the force if there was no void in it.

The purported transfer and/or promotion of police officers as county commandants or other recent transfers by the Inspector General of Police are null and void. This is because, according to the court ruling, the powers to appoint, promote, transfer and create offices in the NPS, is the preserve of the NPSC. Therefore the IG has no legal powers to make unilateral decisions in human resource management.

The court also dismissed a case in which a lobby group was seeking the removal of Kimaiyo on grounds of abuse of office. Odunga ruled the process of removing the IG lies with the NPSC and not the courts.

He said there is no evidence to show Kimaiyo had abused the office of the IG, adding the letter produced before him held no substance to compell the court declare the same.