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LSK calls out IG Koome over promotion of officers

Says IG has no powers to promote officers above rank of Superintendent of Police.

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by JAMES MBAKA

News19 June 2023 - 16:51
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In Summary


  • In a statement on Monday, Theuri said the law does not allow Koome to make appointments or determine promotions in the National Police Service.
  • He said NPSC Act only donates the power to the IG to appoint, promote and transfer to officers below the rank of superintendent.
LSK president Eric Theuri during an exclusive interview with the Star at Upper Hill Gardens, Nairobi, on May 30

The Law Society of Kenya has weighed in on the recent promotion of police officers of different cadres.

LSK President Eric Theuri called out Inspector General of Police Japhet Koome for the promotion of the 507 officers above the rank of Superintendent of Police.

In a statement on Monday, Theuri said the law does not allow Koome to make appointments or determine promotions in the National Police Service.

He said Section 10 of the National Police Service Act does not grant the IG any of the powers he has attempted to exercise.

"The Law Society is of the considered view that the plain reading of Article 245 (4)(c) does not donate any power to the IG to make any appointments or determine promotions and transfers within NPS as those are functions exclusively reserved for the National Police Service Commission under Article 246(3) (a)."

He said NPSC Act only donates the power to the IG to appoint, promote and transfer to officers below the rank of superintendent.

"Section 10 (2) provides that Commission may delegate to the Inspector General the power to recruit, appoints or promote police officers below the rank of superintendent," he said.

"It follows that the powers to appoint, recruit or promote officers above the rank of superintended is exclusively reserved for the commissioner by both the Constitution and Statute," Theuri added.

The LSK President said Koome's actions amount to a serious violation of the Constitution, NPS Act and the National Police Service Commission Act.

He said the promotion regulations 2015 is a ground for the removal of the Inspector General from office.

"The Law Society is apprehensive that the actions of the Inspector General will create confusion and anarchy in the management of the National Police Service and is a threat to National Security," Theuri said.

"LSK shall immediately petition the High Court to pronounce itself on the law as to clear the current impulse created by the actions of the IG."

Theuri further added that LSK is also "seriously concerned at the recent public spat between Koome and NPSC over the promotions".

This is after Koome announced the promotion of the officers, but hours later, NPSC chairman Eliud Kinuthia termed the move null.

Koome said he was within the law in what he was doing.

Theuri said the law insulates Koome from external pressure to make any appointments or transfers.

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