- Commission calls for removal of the top cop from office for disregarding the law
- Koome on the other hand warns of instability if some roles taken from him.
Rifts between the National Police Service Commission and police chief Japheth Koome exploded on Thursday with the police employer recommending removal of the top cop from office for disregarding the law.
In an ugly spat that played out before the National Assembly Committee on Constitutional Implementation Oversight Committee, NPSC chairperson Eliud Kinuthia told MPs to initiate the process of removing Koome from office.
The committee is chaired by Githunguri MP Gathoni Wamuchomba.
He accused the police boss of not only undermining the operations of the commission but also violating express provisions of the constitution.
NPSC argued that the IG has not only been intentionally denying the commission quorum hence rendering it ineffective, but has also been encroaching in the constitution mandate of the commission.
There must be at least five of the nine members of the commission to transact the business out of which the law makes it mandatory for two uniformed officers to be present.
The IG and his two deputies are the only uniformed officers in the NPSC.
“The purpose of this letter is therefore to illustrate that it is the individual holder of the Office of the IG who has demonstrated disregard to the constitution and lacks goodwill to comply with the existing laws and regulations,” Kinuthia said.
“We therefore recommend to the NCIOC to further explore the extent to which the violations and lack of compliance sighted herein meet the threshold of the grounds for removal of the Inspector General as provided in Articles 245 (7) (a), (b), (c) and (d) of the constitution.”
Among the commission’s roles Kinuthia claimed have been usurped by the IG include transfers, promotion and recruitment of police officers.
The IG is also accused of insubordinating the commission by receiving civilian staff from the Public Service Commission instead of the Kinuthia-led body.
Constitutionally, NPSC is mandated to handle the human resource management function of members of the National Police Service.
While dismissing the accusations, Koome urged lawmakers to shield the independence of police from any intrusion from any other body.
He argued that the independence of the NPS is sacrosanct and should not appear to be receiving orders from any other quarters.
“Pursuant to Section 8A of the NPSC Act, 2011, the IG is responsible for matters relating to command and discipline of the service,” Koome argued.
“According to the Act, notwithstanding the provisions of any written law, the independent command and control of the service is paramount. Independent command is based on the two basic principles of unity of command and span of control. ”
According to the IG, the span of control instruments includes recruitment, training, deployment, transfer, promotions, performance, discipline and accountability.
Any attempts to take away any of the functions from the office of IG, Koome warned, is a recipe to undermining authority of the office and may lead to inconsistent orders that might plunge the country into instability.
The police boss was accompanied by Deputy IG- Kenya Police Service Douglas Kanja.
Kinuthia on the other hand was accompanied by commissioners Alice Otwala, Eusebius Laibuta, Lilian Kiamba and John Ole Moyaki.
At some point, media was ordered out of the tense meeting after IG Koome requested to have the matter deliberated in camera.
“We are discussing very weighty issues touching on the security of this country. The cameras are here and my officers are watching. Personally I do not wish to comment more than what I have said,” Koome pleaded with the committee.
“I have constables in Mandera, if they see this kind of back and forth it will not augur well.”
It is at this point that journalists were ordered out of the committee room.
National Police Service and the commission had been embroiled in protracted squabbles regarding the interpretation of their mandates.
A special taskforce formed by President William Ruto and chaired by ex-Chief Justice David Maraga has recommended in its report removal of commission bosses in the reform drive.
The former chief justice’s team wants the entire National Police Service Commission overhauled with all the commissioners sent packing and top police commanders vetted a fresh for effective reform.
The taskforce handed their report last November to Ruto, and has made sweeping recommendation after it found the service a cesspool of improprieties, including corruption, sexual abuse, tribalism and mismanagement.
Besides pointing fingers at the top command of the police, including IG Koome who is accused of not taking enough responsibility in managing the service, the report also serves harshest criticism for the National Police Service Commission.
It says the commissioners failed in their obligation of taking charge of the human resource function of the police and that their abdication of the recruitment functions amounted to dereliction of duty.