Nairobi — The Commission for the Implementation of the Constitution (CIC) now wants the appointment of the Inspector General of police and two deputies halted until the one-third gender rule is met.
CIC chairman Charles Nyachae says that the President and Prime Minister went against the provisions of the constitution and the National Police Service Commission Act after only nominating men for appointment.
Nyachae says that the National Police Service Commission (NPSC) shortlisted qualified women for the positions and there is no reason for failing to pick one from the list.
The CIC chairman said: "We have written to the President and the Prime Minister, the National Police Service Commission and the Speaker of the National Assembly pointing out the fundamental constitutional issues and requesting that the appointments of the three officers be halted until the threatened violation can be corrected."
"The failure to observe this mandatory provision not only breaches the law and the spirit of the constitution but is a further assault on the gender gains which have been consolidated in the Constitution of Kenya 2010," he added.
Section 14 (b) of the National Police Service Commission Act provides that one of the positions of the Inspector-General and the two Deputy Inspector-Generals is of the opposite gender.
It specifically says that: "In the entire recruitment and appointment process of the Inspector-General or Deputy Inspector-General, the Commission, Parliament and President, as the case may be, shall ensure that at all times one of the three positions of the Inspector-General and the two Deputy Inspector-Generals is of opposite gender."
David Kimaiyo who currently heads the National Focal Point on Small arms was nominated by President Mwai Kibaki and Prime Minister Raila Odinga for parliamentary approval as Inspector General.
Criminal Investigations Director (CID) director Ndegwa Muhoro was nominated as the preferred Deputy Inspector General in charge of the regular Police and Samuel Arachi as the Deputy in charge of the Administration Police.
Kimaiyo emerged top in interviews conducted by the National Police Service Commission, scoring 86.48 percent, followed by his deputy at the small arms body John Ochieng Owino with 78.98 percent and Grace Kaindi of the Kenya Airports Police Unit (KAPU) at 69.40 percent.
Nyachae says that CIC is aware of a plan already underway to amend the National Police Service Act to delete the provisions of section 14 and has urged Parliament to reject the non-reformist law.
"If the Executive is unable or has failed to protect and defend the Constitution, we urge Members of Parliament to intervene and exercise their legislative authority in the public's interest to safeguard the Constitution by resoundingly rejecting the proposed amendment to the National Police Service Act," he said.
Nyachae says that there is enough time for changes to be made to the list of nominees before Parliament goes on the Christmas recess and to avoid a possible court process over the matter.