NAIROBI, Kenya, Sep 25- The High Court has certified as urgent a petition filed by Busia Senator Okiya Omtatah, seeking to suspend the appointment of Douglas Kanja as Inspector-General (IG) of the National Police Service (NPS).
Omtatah, alongside fellow petitioners Eliud Karanja Matindi and Magare Gikenyi, argues that President William Ruto violated the constitution by “handpicking” Kanja for the role, bypassing the required competitive recruitment process.
Milimani High court Judge Bahati Mwamuye issued a conservatory order directing the respondents to collect, collate, and preserve all relevant information, documentation, and materials regarding Kanja’s suitability, nomination, vetting, approval, and appointment as Inspector-General.
Kanja was sworn in as the IG on September 19, after President Ruto appointed him. However, the petitioners contend that the nomination was unconstitutional.
Justice Mwamuye stated that his preliminary assessment of the application revealed “grave allegations” and noted that hearing the case promptly was in the public interest.
“The Application be and is hereby certified urgent and it shall be heard on a priority basis,” he ordered.
The court further directed that the petitioners serve the petition and court order on the respondents and interested parties by close of business on September 24.
The respondents, including the Attorney General, the National Assembly, the Senate, the Independent Policing Oversight Authority, and the National Police Service Commission (NPSC), were instructed to file their responses by October 4.
Additionally, the petitioners were granted the opportunity to file rejoinders by October 11, if necessary.
The case is scheduled for a hearing on October 15, at 10:00 a.m., during which the court will issue further orders and directions.
The petition also lists several interested parties, including the Law Society of Kenya (LSK), the Police Reforms Working Group, and the Katiba Institute, reflecting the broad interest in the legal challenge to Kanja’s appointment.
Justice Mwamuye emphasized that the timelines set by the court must be strictly adhered to by all parties involved.
“The timelines set out above shall be strictly applied and enforced,” he ordered.
