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Policeman challenges transfer

NAIROBI
By PAMELA CHEPKEMEI | November 15th 2013

By PAMELA CHEPKEMEI

A policeman who was involved in the operation at the Westgate shopping mall following the September terror attack has challenged a decision by Inspector General of Police David Kimaiyo to transfer him to Mandera.

Constable Jackson Maiyo attached to the Diplomatic Police Unit claims he was unfairly targeted and transferred by Mr Kimaiyo after he testified at the Senate National Security Committee about the attack.

He is seeking orders to suspend his transfer, pending determination of the case.

He also wants the court to issue final orders, after determining the case, to quash the decision to transfer him. He says the transfer  is unconstitutional because he was not given reasons and was not heard before the action was taken.

“The decision infringes on my constitutional rights and freedoms not to be discriminated against and the right to a fair administrative action,” says Maiyo.

The police officer, who has served for 18 years, filed an urgent case yesterday at the High Court in Nairobi seeking orders to quash the orders issued on November 11.

He was among the first police officers to respond to the Westgate attack and managed to secure the car that ferried the terrorists.

Maiyo switched off the engine of the vehicle, which was parked on the drive way, and later handed over the keys to the relevant authorities.

The terror attack, which happened on September 21, left 68 people dead and over 200 others injured during the four-day siege.

Maiyo claims that soon after testifying before the Senate Committee, he received a signal from Vigilance House ordering him to report to Fino Police Station in Mandera County.

The deputy Chief  Whip of the Senate wrote to Kimaiyo inquiring why Maiyo was transferred but never received any response.

POOR HEALTH

Maiyo argues that the decision to transfer him infringes on his constitutional right to fair administrative action.

Further, he argues that the Inspector General has no powers to effect transfers because the National Police Service Commission is the only body mandated to take such action.

Maiyo also says his health is not good, having been involved in a traffic accident in 2000 which left him with 30 per cent disability.

According to medical records, the police officer received the injuries when a police truck overturned and rolled several times when he was travelling from Molo to Nakuru.

“The place where I am being transferred to is very far. It involves long distance travel using unconventional means such as lorries,” says Maiyo.

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