Human rights commission hits out at Inspector General Inspector General of Police David Kimaiyo

KNHCR Acting Chairperson Anne Munyiva Kyalo (left) and Patricia Nyaundi addressing the press in Nairobi yesterday. [PHOTO: GOVEDI ASUTSA/STANDARD]

By RAWLINGS OTIENO

KENYA: Inspector General of Police David Kimaiyo is under the spotlight again over new powers he is seeking.

Kimaiyo is continuing to face an uphill task in his bid to amend the National Police Service Act, with the latest to oppose the move being the Kenya National Commission on Human Rights (KNCHR).

The human rights body now warns that the proposed amendment to the Police Service commission must be subjected to a referendum since it’s a constitutional commission.

KNCHR Acting Chair Anne Ngugi said the Constitution under Article 246 is explicit about amending laws touching on independent commissions. She said any amendments on the laws must be subjected to a referendum, a path she says is not important at this point.

“We as a commission reject the proposed amendment to the NPS Act. Such amendments should be subjected to a referendum since it’s touching on an independent commission,” said Ngugi.

Addressing journalist at the commission’s headquarters yesterday, the Commission said the reason for amending the Act was ill advised and threatened to seek legal options should the Bill proceed for debate.

Ngugi said the proposed amendments to the NPS Act are unconstitutional and in no way address factors contributing to insecurity and only serve to distract energies and efforts that should be channelled elsewhere.

Exercise control

The National Police Service Commission (NPSC) has express powers and functions to recruit, appoint, confirm appointments, and determine promotion and transfers of police officers.

Article 246 of the Constitution that establishes the NPSC provides in sub-article 3(b) that it is the commission and not the Inspector General of Police that shall “exercise disciplinary control over and remove persons holding or acting in offices within the Service”.

In demanding the NPSC cedes its constitutional powers to discipline errant members of the service to his office, Kimaiyo is contravening the Constitution that demands accountability to the public for decisions and actions of members of the service that have in the past been blamed for all manner of criminal acts including extra-judicial killings.

The Human Rights body argue that since Kimaiyo and his two deputies sit on the Johnstone Kavuludi led commission, they are aware of any action being undertaken. They said the commission should remain autonomous.