A petitioner has filed a suit against President William Ruto and Attorney General Paul Kariuki citing the illegal nomination of the inspector general of police at the High Court in Milimani Nairobi.
Respondents in this petition are President Ruto and Paul Kihara while interested parties are Japheth Koome,the National Assembly and NPSC.
The petitioner, Dr.Magare Gikenyi states that the president assumed a constitutional role of the National Police Service Commission.
Dr.Magare stated that William Ruto failed to constitutional procedure prescribed by law.
He therefore sought to have the court declare the nomination unconstitutional and illegal.
He also seeks to have the court to certify the petition as urgent and issue an order barring Paul Kihara and President Ruto from proceeding with appointment of Japheth Koome.
“The president is giving himself powers which he does not have.Only the National Police Service Commissioj initiates the process once a vacancy in the office of the Inspector-General becomes available.”stated Magare Gikenyi.
He further stated that the president has no powers to recruit the Inspector General single-handedly.
In his petition Magare Gikenyi relies on the provisions of Sections 12 of the National Police Act.Therein, the procedure of recruitment of an inspector General should be conducted.
The act stipulates that whenever there is a vacancy in the office of the inspector-General the national police commission should publish the vacancy in the Gazette and in at least two other newspaper with countrywide circulation declaring the vacancy and requesting for applications.
After receiving the application the commission conducts public interviews and narrows down to at least three colandidatea that are suitable for the position.
The shortlisted candidates are then forwarded to the president for nomination
The president will then nominate one suitable candidate by way of notice in the Gazette within seven days and forward their names to parliament for vetting and approval.
The parliament has powers to either reject or approve the nomination by the president.
In the likely event that the nomination is approved by parliament the president proceeds to appoint the candidate within seven days.
If the nomination is rejected by parliament, another name from the shortlist is submitted to parliament.