A man has filed a petition in the High Court opposing the nomination of Japheth Koome as Inspector General of Police.
Dr Magare Gakenyi, in his petition, argues that the nomination of Koome is unconstitutional, ultra vires, null and void.
“On September 27, 2022, the President of the Republic of Kenya H.E Hon. William Samoei Ruto purported to receive a request from the current inspect general Hillary Mutyambai to proceed on terminal leave following his health condition, which he allegedly accepted.
"Further, on the same day, the president of the republic of Kenya H.E Hon. William Samoei Ruto single-handedly purported to nominate Mr Japheth Koome to the position of inspector General. in the purported nomination, the president sent the name of Mr Japheth Koome to the national assembly for vetting and later appointment as inspector general,” reads Gakenyi’s petition.
According to Gakenyi, President Ruto's action to nominate Koome has an effect on the independence of the Inspector General (IG) and the National Police Service Commission.
“This is contrary to article 245 of the constitution as read with sections 9 and 12 of the Kenya national police service act, 2011 cap 84 of the laws of Kenya. This unconstitutional action of the president needs to be stopped for the sake of rule of law. This action of the president is unconstitutional, ultra vires, null and void.
“If the same is left unabated, the independence of the inspector general and police service commission will be lost/eroded. Article 3 of the constitution states that every person has an obligation to respect, uphold and defend this Constitution. From the foregoing, this action of the president of the Republic of Kenya and/or the respondents will lead to inter alia loss of public confidence, anarchy, outright abuse of power against independent institutions,” said Gakenyi.
The petitioner added that it is important to maintain constitutionalism, rule of law, law and Order, good governance, non-discrimination and protecting of the constitution.
Ruto nominated Koome to the position of Inspector General of Police (IG) after Hillary Mutyambai proceeded on terminal leave due to health issues.
Koome is a former Nairobi County Police Commander and was serving as the Commandant of the National Police Service College in Kiganjo.
Koome had previously served at the police headquarters (2018), where he was the principal deputy to the Deputy Inspector General of Kenya Police, Edward Mbugua.