The application was certified as urgent by vacation judge Justice Joseph Onguto, who directed that the suit papers be served upon the Attorney General and National Police Service Commission/FILE
NAIROBI, Kenya, Sep 8 – Retired Deputy Inspector General of Police Grace Kaindi has filed an application seeking to overturn the decision of President Uhuru Kenyatta to retire her from the service.
The application was certified as urgent by vacation judge Justice Joseph Onguto, who directed that the suit papers be served upon the Attorney General and National Police Service Commission.
The judge granted Kaindi leave to file a judicial application to challenge the decision to retire her.
Kaindi through his lawyer Oduor Jesse told the court that the action erodes the constitutional gains towards the empowerment of women.
The lawyer told the court that in effecting the transfer or retirement, President Kenyatta usurped the powers of the National Police Service Commission as enshrined in the Constitution.
Jesse argued that Kaindi holds a constitutional office in which she was appointed to on the basis of a competitive process by the NPSC.
He said her removal did not factor in the issue of gender as provided in the Constitution.
The court heard that Kaindi has a five-year contract which expires in 2018, saying her retirement is violation of her contract of employment.
Kaindi was retired on August 31, 2015 and appointed as an ambassador.
The matter will be mentioned on September 16 for directions.
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