David Kimaiyo postings illegal: Judge
What you need to know:
- David Kimaiyo has no powers to make the appointments. That is the job of the National Police Service Commission
- However the judge dismissed a plea to remove Mr Kimaiyo from his office
The recent appointment of county police chiefs by Inspector-General of Police were declared illegal by court.
David Kimaiyo has no powers to make the appointments. That is the job of the National Police Service Commission, Justice George Odunga said in Nairobi on Thursday.
The judge said that the appointment of 47 county police commissioners was like a tumour with the characteristics of an octopus.
“The court will not nurture the tumour of impunity and lawlessness. This tumour of impunity is like an octopus, the way it stretches it tentacles to get into new places,” Justice Odunga said.
He said that the police service commission was the only body which can “appoint in a competitive and transparent recruitment of a police officer.” He said that the Inspector-General erred in appointing the commissioners. He said Kimaiyo could only direct the appointments through the national police commission.
“The Inspector-General of Police has no constitutional powers to create an office or promote and transfer substantive officers to those offices.”
Justice Odunga held that the police boss can assign and appoint specific officers to undertake specific duties and specific assignments. But he had no powers to transfer the police but can only do so termporarily to ensure there is no vaccum.
However the judge dismissed a plea to remove Mr Kimaiyo from his office.
The case had been brought to court by the International Centre for Policy and Conflict.
