Interior Cabinet Secretary Kithure Kindiki has termed as regrettable the public spat between National Police Service Commission and Inspector General of Police Japhet Koome.
He told MPs at the National Security committee on Tuesday that Koome and NPSC chairman Eliud Kinuthia risk being cited for breach of the Constitution by seeking to resolve a matter beyond their reach by playing to the public gallery.
Kindiki said that despite the difference the two officers had regarding the interpretation of their mandates, they ought to have handled the matter pragmatically.
“Interpretation of the law is not a function of state officers. The solution is not with the Cabinet Secretary either. It is not with the IG or the commission, and to a large extent not even Parliament has the solution,” Kindiki told MPs.
The CS told the Narok West MP Gabriel Tongoyo-led committee that the matter can only be resolved by the courts of law which have the legal mandate to interpret the law, or Attorney General Justin Muturi.
“In my view, the cold act amounts to violation of Chapter Six notwithstanding the complaints. Public display of discordance of institution crucial for security is a violation of Chapter 6 of the Constitution, undermines the rule of law and high level of irresponsibility,” the CS said.
The NPSC and IG Koome have clashed over who has the mandate to promote police officers.
The turf wars have triggered confusion and left the promotions of 509 officers in limbo.
Whereas the IG holds that he acted in line with Article 245 of the Constitution and the National Police Service Act, the commission has maintained the supreme law gives it exclusive say on promotions of police officers.
“Since this is an interpretation, the first level is for the Attorney General to assist. Beyond that, the judiciary can step in. I am of the view that the exchanges between the two are needless, violate the Constitution,” Kindiki said.
The CS said the ministry was of the considered view that the recruitment “must be regularised without breaking the Constitution or undermining the laws of the country.”
“By regularisation, I am not making judgement as to who is right or who is wrong,” the CS said, announcing that the commission sat Tuesday to iron out the issues.
“I have made it clear that the process must be regularised, not in the public glare so we don't erode dignity of the office. I have engaged the two institutions extensively in private on this matter,” he said.
The CS added, “I called both and had extensive discussions and made it clear that they violated the Constitution and that the conduct can easily give basis for removal from office through a tribunal.”
“Notwithstanding the merits, the methods they used for expressing different opinions were wrong. Kenya Kwanza is keen on professional police and depoliticising the service.”
Kindiki added that, “The least Kenyans want is to hear public officers fighting over any issue. The concerned institutions have said matter is resolved and are doing what needs to be done to make the process compliant of the law.”
The CS said the ministry has asked for a legal opinion on the issues saying he was left wondering why the commission and IG couldn't have asked for the AG advisory.
This was even as some MPs questioned the fate of the officers whom are argued to have been irregularly promoted by the Inspector General.
Homa Bay Town MP Opondo Kaluma said, “There is nothing requiring interpretation. The IG is encroaching the mandate of NPSC. The provision of the law is that the duty of promotions lies with the commission.”
“Article 245 cannot confer the duties to the IG,” Kaluma explained, adding that the Constitution drafters were clear on why they created the NPSC.
Tongoyo suggested that following the NPSC meeting, the bosses should hold a joint presser to assure Kenyans that they have put the issues in order.
“Let us treat the genesis of this matter. Recruitment is also contested, so is declaration of vacancies, request for waivers and advertising of vacancies,” Tongoyo said.
Saku MP Dido Raso said, “We need to go the full hog. In reading, Article 246 (3a) and Article245 (2b), there is a serious lacuna pitting the two institutions against each other. We must follow the spirit of the Constitution, not by word.”