Aden Duale has defended the nomination of Eng. Japheth Koome to the position of Inspector General of Police by president William Ruto.
He said the constitution allows the president to nominate the IG and submit the name to Parliament for approval.
“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.”
“Section 12 of the Act provides for the procedure of appointment and provides in subsection (2) that “within fourteen” days of occurrence of a vacancy the President shall nominate the IG and submit the name to Parliament for approval.”
He added: “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.”
On Wednesday, A Nakuru doctor sued President William Ruto and Attorney-General Paul Kihara Kariuki over the alleged illegal decision to single-handedly nominate Eng. Japheth Koome to the position of Inspector General of Police.
In his petition filed before High Court in Nairobi, Benjamin Magare Gikenyi, argues that the action of the President is illegal and unconstitutional saying the nomination should have been done by the National Police Service Commission (NPSC).
The doctor says unless the actions of President Ruto to nominate Koome and send his name to the National Assembly for vetting and later appointment as Inspector General of Police are stopped, the same will interfere with the confidence of the commission.
“This unconstitutional action of the President needs to be stopped for the sake of rule of law. If the same is left unabated, the independence of the Inspector General and police service commission will be lost/eroded,” says the doctor in his court papers.
He says Ruto, in nominating Koome, exercised powers that are allocated to the NPSC and also failed to allow the procedure provided for in the law to be followed.
Magare wants the court to issue a conservatory order barring the National Assembly from receiving the nomination of Koome and vetting him or any other person nominated by President Ruto and the Attorney General pending the hearing and determination of the petition.
“That conservatory order of prohibition, barring the National Assembly from receiving and/or if already received from vetting, processing or performing any action and/or omission which may lead to Koome or any other person nominated by the respondents (President and Attorney General) being appointed as Inspector General of Police without due process pending determination of this application inter-parties and thereafter pending the hearing and determination of this petition or such orders of the court may issue, ” Magare seeks.