Through his lawyer Donald Kipkorir, Kimaiyo indicated that his culpability can only arise if the alleged terror or criminal activities were purposely and knowingly caused by him/FILE
Through his lawyer Donald Kipkorir, Kimaiyo indicated that his culpability can only arise if the alleged terror or criminal activities were purposely and knowingly caused by him.
“The demand letter is without constitutional or legal basis. The same also doesn’t establish the classical elements of our client’s culpability. In the foregoing, your letter was issued mala fide and only for the purposes of publicly embarrassing our client,” Kipkorir stated in his response to the LSK ultimatum.
He further pointed out that the same would apply if Kimaiyo was reckless and negligent while undertaking his duties.
“We will defend any ill concerned and ill advised proceedings,” Kipkorir stated while pointing out that since he has been retained as legal counsel by the IG, he will do everything in his power to defend him.
The LSK had claimed that Kimaiyo and Interior Secretary Joseph Ole Lenku had failed in their constitutional mandate of providing security to all Kenyans and should vacate office.
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The two were given a 14 day ultimatum to vacate office, failure to which the LSK would institute legal proceedings against them.
The IG enjoys security of tenure but can be sacked through a decision of a tribunal formed to investigate allegations made against him. He can also opt to resign.
Lenku on the other hand can resign by delivering a written statement of resignation to the President.
The President may re-assign him duties, or dismiss him from office. The dismissal can be made if required to do so by a resolution adopted by Parliament.
According to the LSK, Lenku and Kimaiyo have totally failed, citing a series of attacks right from the Westgate siege in September last year that left 67 people dead, and others that occurred in Nairobi and the Coastal region.
Lenku and Kimaiyo are being blamed for failing to do their work, leading to attacks such as the ones that occurred in Mpeketoni mid this month leaving at least 60 people dead.
Lenku has blamed the attacks on the Opposition’s political activities and warned that action will be taken against leaders found to have incited the public.
The Al Qaeda-linked Al Shabaab has however claimed responsibility for the attacks, saying it is in retaliation to the continued stay of Kenya’s military in Somalia.
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