President Ruto sued over nomination of Japheth Koome as the IG.
President Ruto sued over nomination of Japheth Koome comes days after he unveiled his cabinet.
Magare Gikenyi, a Consultant Trauma, and General surgeon has filed a petition stating that handpicking Japheth Koome, as the police Inspector general was unconstitutional.
Gikenyi added that the National police service is the one constitutionally mandated to pick an inspector general if there is a vacancy.
Gikenyi said,” The President is giving himself powers which he does not have. Only the National Police Service Commission initiates the process once a vacancy in the office of the Inspector-General becomes available. The president has no powers to recruit the IG single-handedly.”
Gikenyi pleaded to the court to act justly inorder to protect the independence of the Inspector General and the Police Service Commission
Gikenyi said,”I being law-abiding citizens have a legitimate expectation that all state officers and state organs had to follow the law and the constitution if there was a contrary to this expectation; the Kenyans and I ought to be given legal explanations and not innuendos.”
In 2014, the Jubilee coalition under William Ruto and Uhuru Kenyatta made an act that gave the president powers to nominate an inspector general.
The Act stated,”The President shall, within fourteen days after a vacancy occurs in the office of the Inspector-General, nominate a person for appointment as an Inspector General and submit the name of the nominee to Parliament.”
In support of the president, Garissa township member of parliament, Aden Duale has stated that the decision made was constitutional
Duale said,” Article 245(2)(a) of the Constitution provides that the IG is appointed by the President with the approval of Parliament.This is further replicated in section 9 of the National Police Service Act, 2011.