Kimaiyo to appeal ruling on police transfers

March 28, 2014 9:50 am
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Kimaiyo says he will ask the Attorney General to study the court order and institute an appeal to overturn the decision/FILE
Kimaiyo says he will ask the Attorney General to study the court order and institute an appeal to overturn the decision/FILE
NAIROBI, Kenya, Mar 28 – Inspector General of Police David Kimaiyo says he will file an appeal against a ruling issued on Thursday that declared he has no powers to appoint or transfer County Police Commanders.

Kimaiyo says he will ask the Attorney General to study the court order and institute an appeal to overturn the decision.

“There is leeway for the National Police Service through the office of the Attorney General to move to the next step and as per the law, the next step is to make an appeal and that is what we are doing at the moment,” Kimaiyo said.

He however made it clear that the service was committed to obeying court orders.

On Thursday, the High Court ruled that even though Kimaiyo had no powers to unilaterally effect transfers of members of the Police Service, he could do so temporarily to ensure there was no vacuum. READ Court rejects Kimaiyo ouster bid over transfers

Justice George Odunga ruled that the International Centre for Policy and Conflict failed to demonstrate that the actions by Kimaiyo were permanent and unlawful.

In its application, the ICPC had 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.

The judge went on to say that he would not 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. READ Kimaiyo names 47 County Commanders

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

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