Kimaiyo cannot be fired over County commander appointments
27 March 2014, 18:36
Nairobi - Inspector general of Police David Kimaiyo's appointment of 47 county police commanders was not illegal and thus he cannot be removed from office, a court has ruled.
Justice George Odunga ruled that the appointments by the police boss are a mandate of the National Police service Commission and not the Inspector General of Police.
“Any office in the national police service or any appointment, transfers or promotion of an officer can only be done by and in full authorization of the national police service commission NPSC,” Justice Odunga said.
However, he said that there was no grounds for his removal from office for the appointments as the move was meant to fill a vacuum which existed in the police force.
Judge Odunga thus ruled that Kimaiyo remain in office since his move even though unlawful, was done in the right manner.
He said that the national police commission is the only body obliged by its establishment “to appoint in a competitive and transparent recruitment exercise for police officer who qualifies for any position anywhere in the country.”
The ruling follows the revelation by the NSPC boss Johnston Kavuludi that his commission was not involved in the appointments.
" We have not been involved and have heard it through the media, he said last year.
There was criticism from several quarters after the appointments, with many questioning the Inspector General's actions as breach of the law.
The judge said that the inspector general erred in appointing the commissioners despite his office being independent and that he could only effect 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, the ruling further said.
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