, NAIROBI, Kenya, Feb 26 – The Law Society of Kenya (LSK) has demanded that Inspector General of Police David Kimaiyo arrests Interior Principal Secretary Mutea Iringo as ordered by court, or face removal from office.
Society Chairman Eric Mutua on Wednesday explained that by failing to enforce High Court Judge George Odunga’s order to arrest Iringo, Kimaiyo was contravening the very Constitution he swore to uphold.
“The Inspector General of Police ought to realise that his action of disobedience amounts to a ground for removal from office. This is an option that the LSK may take in event the contemptuous act continues,” he threatened.
Kimaiyo on his part created the impression through his Twitter account that he was yet to receive a court order to arrest Iringo and produce him in court.
“Court orders once served to the NPS (National Police Service) must be executed in accordance with the law. Therefore no one is indispensable that cannot be arrested and prosecuted. To all my tweeps be informed accordingly,” he tweeted on Tuesday.
This is despite Odunga’s court order having first been given on February 11 and a similar order having been given and disregarded in December of 2013 when Iringo failed to turn up in court to explain why his Ministry had not paid out Sh727,706 to former constable Mwanza Mukoma for unfair dismissal and prosecution.
Kimaiyo’s spokesman Masoud Mwinyi had on Tuesday morning explained that the Inspector General could not risk embarrassing a fellow member of the government by arresting them.
As Mwinyi was issuing the statement, Kimaiyo was photographed seated next to Iringo at State House, during the first National Security Council meeting of 2014.
Mutua said failure to act was untenable as it sent the message that the Executive is above the law.
“The country can survive a debate over the failure by Parliament to obey a court decision, which the House views as infringing on the Constitutional mandate of the legislature.
“We cannot however afford a situation where the Inspector General of Police tells the court and the public that he will not execute a warrant of arrest on account of the fact that it is directed to senior member of the government,” he argued.
On Monday, Odunga restated his February 11 order that the Inspector General of Police arrest and produce Iringo in court to explain why Sh31.6 million had not been paid out to Tanzanian national James Koroso, in compensation, over six years after it was first awarded.