Recent transfers illegal, Johnston Kavuludi says in fresh row with David Kimaiyo

By CYRUS OMBATI

Nairobi, Kenya: Inspector General of Police David Kimaiyo has sparked a fresh war with the National Police Service Commission (NPSC) over the transfer of senior police officers. This follows Wednesday’s unilateral decision by Mr Kimaiyo to move 55 senior police officers without informing the commission as required by law.

The IG’s move is the latest in a series of actions that have caused an uproar and ended up in court. Kimaiyo ignored a court order issued by Justice George Odunga blocking the removal of officers who were manning weighbridges. He had transferred the officers from the weighbridges on claims of corruption but the commission opposed the move.

Last year, the IG posted 141 county commanders without involving the commission. Kimaiyo defended himself saying the officers had been deployed and not transferred but the court dismissed this, terming it illegal.

The latest move has caused an uproar among a section of police officers and other commissioners who have termed it illegal.

Kimayo and his deputies, Grace Kaindi and Samuel Arachi, are members of the commission. The National Police Service Act says before the IG transfers an officer of the rank of sergeant and above, he must inform the commission.

Other members of NPSC include Johnston Kavuludi (chairman), Mohamed Murshid, Ronald Musengi, Mary Owuor and Muiu Mutia. Kavuludi said the commission has opposed the latest changes as they were not involved.

“We were away and we are not aware of the changes. They are supposed to have come to us first for approval. It is unfortunate,” said Kavuludi who added they would meet next week to deliberate over the issue.

Other officers said the changes might be challenged in court, claiming only the commission should make the transfers, not Kimaiyo or Kaindi. The officers said the move has seen members from one community occupy key posts. The posts they named include commandant of the General Service Unit, Kenya Police Training College, Anti-Stock Theft Unit, CID Training School and the Deputy Directorate of CID.

The officers, who did not want to be named, claimed some of their colleagues who have taken up new posts may frustrate proposed police reforms. The issue of transfers has been contentious between Kimaiyo on one hand and the commissioners on the other.

Already, there are proposed amendments pending in Parliament seeking to fully empower the IG to transfer officers, but other officials say they are illegal. They cite the Constitution, which gives such powers to the commission.

“The era of the so-called boards in the police are long gone because they are illegal. They must follow the law,” said an officer in reference to Wednesday’s board meeting that announced the changes.

The fight between Kimaiyo and other NPSC commissioners is part of the challenges police have been facing since 2012.

From lack of funds, threats to individual NPSC commissioners, internal sabotage, failure to heed directives from the commission, interference from outsiders, frustrations from other Government agencies and resignations, the process of reforming the Police Service seems to be in slow motion against the earlier projected period it was supposed to take.

The Independent Medico Legal Unit, (IMLU), which has been at the forefront in pushing for the reform agenda in the Police Service, said the new development should not derail the plans.

“We know there are so many forces that are against this process but we look forward to the start of the third phase of the vetting exercise. The mandate of the commission is very clear,” said IMLU Executive Director Peter Kiama.

The commission had also been at loggerheads with Kimaiyo and his deputies over the continued stay in office by five senior officers who were found unsuitable in the first and second phase of vetting. The officers were finally handed their letters after pressure from the commission and other parties.

The on going vetting is also facing challenges. OCPDs and their deputies from Coast and Eastern regions will be the first divisional commanders to be vetted in April. The commission announced that the 1,103 commanders will be vetted in their respective counties in the exercise scheduled to end in June.

Some 17 officers of the ranks of SACP and ACP opted out of the vetting, with the commission announcing those aged below 50 would be given a send-off package while those above will receive retirement benefits.

Those who are out of the country or unwell will be vetted on a different date, said Kavuludi. The NPSC chair said vetting is mandatory for all officers before they are promoted to the next rank, confirmed or posted.

The vetting was meant to clean up the Police Service, which has been listed as the most corrupt institution in Kenya by many surveys.

Vetting of police officers was among the more than 200 proposals of a commission set up following the 2007-2008 post-election violence.

The overall goal of the National Task Force on Police Reforms headed by retired judge Philip Ransley was to transform the police service into an efficient, effective, professional and accountable security agency that Kenyans can trust with their safety and security.