Court rejects Kimaiyo ouster bid over transfers

March 27, 2014 3:15 pm
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The ICPC accused Kimaiyo of unilaterally appointing 47 County Police Commanders contrary to the Constitution/FILE
The ICPC accused Kimaiyo of unilaterally appointing 47 County Police Commanders contrary to the Constitution/FILE
NAIROBI, Kenya, Mar 27 – The High Court has dismissed an application calling for the removal of Inspector General of Police David Kimaiyo over alleged irregular transfers in the service.

In rejecting the application lodged by the International Centre for Policy and Conflict (ICPC), Justice George Odunga said the court could not compel the National Police Service Commission (NPSC) to remove Kimaiyo from office over illegal appointment of County Police Commanders.

He said the power to remove the police boss from office rests with the NPSC.

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“It is the court’s finding that the power to hire and fire rests with the National Police Service Commission. That is where the petitioner should lodge their complaint,” he ruled.

In its application, the ICPC accused Kimaiyo of unilaterally appointing 47 County Police Commanders contrary to the Constitution.

In the suit, ICPC alleged that the appointment of County Police Commanders by Kimaiyo was a violation that needed to be stopped as it risked setting a bad precedent in the public service and the National Police Service.

But Justice Odunga said the ICPC failed to demonstrate that the appointments made by Kimaiyo were permanent and unlawful.

However the judge observed that Kimaiyo had no powers to unilaterally effect transfer of members of the police service but can only do so temporarily to ensure there is no vacuum.

The judge went on to say that he cannot order the police to resume the appointment and deployment process of the said officers.

In June 2013, Kimaiyo appointed County Police Commanders in what was seen as a contradiction of the NPSC’s plan to recruit officers to the same position.

The Johstone Kavuludi-led commission had advertised the positions and sought qualified officers to apply, in accordance with the law.

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