, NAIROBI, Kenya, Nov 7-The National Police Service Commission (NPSC) says it will appeal the High Court decision that ordered a repeat of the entire police recruitment of 10,000 police officers earlier this year.
Commission chairman Johnston Kavuludi says the commission lawyers have already filed a notice of appeal over the court ruling.
“The commission has read the judgment by Justice (Isaac) Lenaola and having discussed the outcome, we have resolved to appeal to the decision,” he stated. “Accordingly therefore, our lawyers have filed a notice of appeal on the same; that is our position.”
The recruitment was cancelled following a suit filed by the Independent Policing Oversight Authority (IPOA), which convinced the court that the exercise was marred by corruption.
In the appeal, the commission says it will be seeking to convince the judges that IPOA does not have a legal mandate to supervise NPSC work.
“Their role is limited to investigating issues where police officers have carried out certain actions which need to be investigated on the same to the Director of Public Prosecutions,” he said.
“We are not under the supervision of the Independent Policing Oversight Authority.”
He said they had already done their investigations on the same and made specific recommendations.
“There is nowhere in the law that it is indicated that IPOA will have an oversight authority over the National Police Service Commission,” he pointed out.
On October 31, the High Court nullified the entire recruitment of 10,000 police officers carried out on July 14, citing massive irregularities. Justice Isaac Lenaola subsequently directed the National Police Service Commission to conduct a repeat exercise.
He ordered the commission not to issue any appointment letters from the previous result, which he ruled was marred by massive graft and nepotism allegations.
The judge said the commission violated the Constitution by delegating the duty to a non-entity at the county level. He ruled that the commission not only failed itself but the country, Constitution, recruits and the public as a whole.
The National Police Service Commission had earlier nullified the recruitment exercise in some centres, whose affected candidates filed cases in court challenging the decision.
The case leading to the entire nullification was filed by the Independent Policing Oversight Authority chairman Macharia Njeru.
On Tuesday, the police commission met more than 30 representatives of the recruits across the country, who spoke of the mental torture and inconveniences they are likely to undergo if the entire exercise is repeated.
Kavuludi urged them to remain optimistic amid claims that two recruits committed suicide after the ruling.