Nairobi — Garissa Town Member of Parliament and Defense Cabinet Secretary Nominee Aden Duale has defended President William Ruto's preference of Japheth Koome as Inspector General of Police amidst varied opinions on the constitutionality of the move.
President Ruto announced Tuesday that he had nominated Koome, to succeed Hillary Mutyambai who had retired over health-related issues
Koome is currently the Commandant of the National Police Service College, Kiganjo.
Duale argued that the move by the Head of State is within the ambit of the law.
"From a reading of Article 245 of the Constitution as read with sections 9 and 12 of the Act, the nomination of the IG was done in accordance with the law," Duale said in a Twitter Post.
According to the legislator, Article 245(2)(a) of the Constitution provides that the IG is appointed by the President with the approval of Parliament.
This he says is further replicated in section 9 of the National Police Service Act, 2011.
"Section 12 of the Act provides for the procedure of appointment and provides in subsection (2) that "within fourteen" days of the occurrence of a vacancy the President shall nominate the IG and submit the name to Parliament for approval," he adds.
Already, a petitioner has filed a suit challenging the nomination of Koome by Ruto to the position of the Inspector General of Police terming the move unconstitutional.
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.
As the debate on the legality of Ruto's pronouncement rages on, there is no provision that forbids the Head of State from making his preferred choice public.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
National Police Service Act, 2011, provides that 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.
