Busia Senator Okiyah Omtatah has moved to court to challenge the appointment of the Inspector General of Police Douglas Kanja.
Omtatah in a petition together with Eliud Karanja and Magare Gikenyi argued that the appointment of the Police IG was not subjected to a competitive recruitment process and therefore his appointment should be declared null and void.
The three objected to Section 86 of the Security Laws Amendment Act (SLAA), which amended Section 12 of the National Police Service Act on the appointment of the IG.
“In its place it enacted the appointment of the IG through the pleasure doctrine, where the president, using an undisclosed criteria, headhunts and picks an individual to be appointed as IG with the approval of Parliament,” the petitioners stated.
The petitioners argued that the nomination was a political process by the political arms of the government without the need for expert input.
Further, the petitioners said, this has led to a decline in public confidence in the police service.
Justice Bahati Mwamuye certified the matter as urgent and issued an order compelling the respondents in the case to collect and preserve all information and documents they or other public bodies are holding relating to Kanja’s suitability, nomination, vetting, approval, and appointment.
The respondents in this case are the Attorney General, the National Assembly, the Senate, the IPOA, the National Police Service Commission, the Kenya National Commission for Human Rights, and Kanja himself.
The case will be mentioned on October 15, 2024.
This comes days after Kanja was sworn into office by Chief Justice Martha Koome after he was vetted and approved by the National Assembly and the Senate.
Kanja is the immediate former Deputy Inspector General of Kenya Police. Before his appointment as IG by the President, he served as Acting IG following Koome’s resignation.
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