Nairobi — A petitioner has filed a suit challenging the nomination of Japheth Koome by President William Ruto to the position of the Inspector General of Police terming the move unconstitutional.
President Ruto announced Tuesday that he had nominated Koome to succeed Hillary Mutyambai who proceeded on terminal leave over health-related issues.
Deputy Inspector General (Administration Police) Noor Gabow is serving in an acting capacity pending a substantive appointment.
Magare Gikenyi Benjamin, a Nakuru-based Consultant Trauma and General Surgeon, argues in his petition that the nomination of Koome by the Head of State should be stopped for the sake of what he termed the rule of law.
According to the petitioner, the move by the Head of State poses a threat to independent institutions.
"THAT article 3 of the constitution states that every person has an obligation to respect, uphold and defend this Constitution. THAT from the foregoing, this action of the president of the Republic of Kenya and/or the respondents will lead to inter alia loss of public confidence, anarchy, outright abuse of power against independent institutions," Magare said.
The petitioner further argues that if left unabated, the independence of the Inspector General and Police Service Commission will be lost.
Magare who also sued the Attorney General over the same matter stated that the matter is of public interest and that it should be placed before a judge for directions in a bid to safeguard the interest of the public.
"THAT It is important to maintain constitutionalism, rule of law, Law and Order, good governance, non-discrimination and protecting of the constitution," he added.
The National Police Service Commission, the National Assembly, and Koome have been listed as the interested parties in the petition.
Section 12 of the National Police Service Act requires the Commission to publish the vacancy in at least two other daily newspapers of national circulation.
Though the Head of State named Koome as Mutyambai's replacement before the commission declared vacancy, there is no provision that forbids him from making his preferred choice public.
But with Mutyambai's formal exit on Tuesday, the National Police Service Commission has until October 11 to declare the position vacant, through a Gazette Notice, in line with Section 12 of the National Police Service Act.
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After the announcement of the vacancy, the Commission shall review the applications, hold public interviews, and shortlist at least three people who are qualified for the advertised post and gazette the candidates within seven days.
The Commission shall then forward the shortlisted names to the Head of State for nomination to the position of the IG within seven days of the date of shortlisting of qualified applicants.
"The President shall, within seven days of receipt of the names forwarded under subsection (5), by notice in the Gazette, nominate a person for appointment as Inspector-General from among the shortlisted names and submit the name of the nominee to Parliament for approval," Section 12(5) of the National Police Service Act states.
Parliament will then be required, within 14 days after it first meets, to vet and examine the nominee, and may either approve or reject the nomination and notify the President of its approval or rejection.
If Parliament approves the nominee, the President shall appoint the nominee as Inspector-General of the National Police Service by notice in the Gazette within seven days of receiving communication to that effect.
Where parliament rejects the President's nominee, the Speaker of the National Assembly is required to inform the President of its decision and request a fresh nominee.
The National Police Service Act further provides that in transmitting a new nominee, the President shall within seven days, submit to Parliament a fresh nomination from among the persons already shortlisted and forwarded by the Commission.
