The appointment of Douglas Kanja as the Inspector General of police has been challenged in court with Busia Senator Okiya Omtatah citing lack of a competitive recruitment process.
Omtatah, Eliud Karanja and Magare Gikenyi told Justice Bahati Mwamuye that Kanja was not the qualified candidate for the position.
They took issue with 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.
The amendments deleted the elaborate procedure of subjecting a candidate to a competitive process.
"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 said.
The appointment, they explained, is a political process by the political arms of the government with no requirement for professional input.
This according to the petitioners has resulted in reduced public confidence in the police service.
"The challenged changes undermined police independence and accountability. They have fuelled widespread and systemic police corruption, criminality and widespread human rights violations," the petitioners said.
Justice Mwamuye who certified the matter as urgent issued an order compelling the respondents in the case to collect, and preserve all information and documents they and other public bodies are holding relating to the suitability, nomination, vetting, approval and appointment of Kanja.
The respondents in this case are the AG, the National Assembly, the Senate, IPOA, the National Police Service Commission, Kenya National Commission for Human Rights and Kanja himself.
The judge at the same time directed the petitioners to serve the application on the respondents ahead of a physical court hearing on October 15.