NAIROBI, Kenya, Sept 4 – Outgoing Deputy Inspector General of Police Grace Kaindi has refused to leave office, insisting she can only do so once presented an official letter from the government.
Kaindi who was nominated as an ambassador has remained in office since Tuesday when President Uhuru Kenyatta made the new changes and nominated GSU Commandant Joel Kitili to replace her.
On Thursday evening, Inspector General of Police Joseph Boinnet went to the office and held talks with her during which she explained her fears of leaving office with no substantive letter.
Boinnet who was accompanied by Kaindi’s successor later left, after agreeing that the National Police Service Commission will provide a letter Friday.
“Even if the senior officers went to Vigilance House, there was no drama at all,” a senior officer said, “it was a matter of procedure.”
It is understood that Kaindi is contesting her new nomination, insisting on being told why she has been forced to retire from the police before the end of her five year contract extension, even though she has attained 60 years.
Kaindi was appointed on January 25, 2013 and insists she was legally due to leave office on January 24, 2018 on completion of her contract, which she says has nothing to do with her age.
Her dismissal is now subject of a court case filed by a civil society activist, Zachary Onsongo, who argues that despite reaching the retirement age of 60, Kaindi enjoyed security of tenure and should have served out her term which was is set to expire in 2018.
Onsongo has also accused President Kenyatta of violating the National Police Service Act which in Section 14(b) stipulates that: “In the entire recruitment and appointment process of the Inspector-General or Deputy Inspector-General, the Commission, Parliament and President, as the case may be, shall ensure that at all times one of the three positions of the Inspector-General and the two Deputy Inspector-Generals is of opposite gender.”
Several other gender-based organisations led by the National Gender and Equality Commission are also citing the act, and have hinted at plans to file separate suits.
The commission’s chairperson Winfred Lichuma on Thursday told Capital FM News that they have already written an advisory to the President and will consider filing a case in court if the nomination is not reversed.
The case is set to be heard inter-partes on Friday after Justice Monica Mbaru certified it urgent and directed that the Attorney General and interested parties be served.
However, it is not everyone defending Kaindi, with organizations such as the Independent Policing Oversight Authority Chairman Macharia Njeru said it had written a letter earlier this year calling for her removal while accusing her of being “incompetent”.