Judge refuses to stop police hiring

The High Court Friday declined to stop Monday’s fresh recruitment of police constables.

In an application filed by over 100 youths whose recruitment was annulled by the court last year, they challenged the National Police Service Commission’s (NPSC) decision to hire again.

NPSC was following President Kenyatta’s order for the process to be repeated next week.

Through lawyer Amos Magut, they claimed that the NPSC’s decision to repeat the exercise while a case is pending in the Court of Appeal is arbitrary and illegal.

‘PREJUDICIAL’

They argued that even though the President’s decision was taken in the context of the fight against terrorism, it is “highly prejudicial.”
But Justice Weldon Korir declined to issue any temporary orders and only certified the matter as urgent.

“The application is certified urgent. It should be served to the sued parties for inter partes hearing on April 20 at 9am before the Constitutional and Human Rights Division,” said the judge.

The youths criticised the NPSC’s decision to advertise for fresh recruitment of police constables on April 13.

They also claimed that NPSC’s decision as communicated through the media, would render their appeal useless.

They have sued the NPSC, the Attorney General and the National Police Service.

They want the commission and the service barred from recruiting pending the determination of the new application filed yesterday.

They further want the decision of Justice Isaac Lenaola on October 31, 2014 that nullified the recruitment and directed a repeat of the same be stopped as well.

IPOA first moved to court on August 5, 2014 seeking the nullification of the recruitment that was done on July 14, 2014.

IPOA moved to court a day before NPSC was scheduled to release a report on allegations that the exercise was marred by corruption, nepotism, tribalism and political interference.

But nearly two months later, the High Court ruled that the process had not been carried out in accordance with the Constitution.

Prior to the ruling, Justice Lenaola had temporarily halted the admission of 10,000 new officers and directed the commission to provide a report detailing how the recruitment was conducted.

SPEEDY PROCESS

Following the High Court ruling, the AG filed an appeal on November 17, 2014 that was heard and certified urgent by appellate judges Wanjiru Karanja, John Mwera and William Ouko.

The AG had on January 15, written to Chief Justice Willy Mutunga requesting that the case be fast tracked.

Consequently, the matter was heard on February 19 and the ruling set for May 8.

IPOA had also threatened to sue for contempt of court following the President’s directive.

The Judiciary also requested that the Court of Appeal be allowed to rule on the matter.