A petitioner has sued president William Ruto and Attorney General Kihara Kariuki over the illegal nomination of Japheth Koome to replace Hilary Mutyambai as the Inspector General of Police.
The petitioner, a doctor by profession named Magare Gikenyi says Ruto’s decision to nominate Koome was unconstitutional and should be done by the National Police Service Commission.
Gikenyi opined Ruto exercised NPSC powers, skipping the lawful procedure.
He added that the president does not have the power to recruit the Inspector General of Police unilaterally.
“The President is giving himself powers which he does not have. Only the National Police Service Commission initiates the process once a vacancy in the office of the Inspector-General becomes available,” the court papers read.
“The president has no powers to recruit the IG single-handedly.”
According to the petitioner, the president and the Attorney-General will erode the public’s confidence and may lead to anarchy and abuse of authority and mistreatment of independent institutions.
He underscored the importance of maintaining constitutionalism and observation of law and order in the process.
Gikenyi said the president’s move must be stopped for the sake of the rule of law and should not go unchallenged.
“It is important to maintain constitutionalism, rule of law, law and order, good governance, non-discrimination and protecting of the constitution,” Gikenyi said.
“This ultra vires, null and void and unconstitutional action of the President needs to be stopped for the sake of rule of law. If the same is left unabated, the independence of the inspector general and police service commission will be lost/eroded.”
Gikenyi wants the court to certify the petition as urgent and also issue an interim order barring Ruto and Kihara from proceeding with Koome’s appointment as IG.
He also wanted the court to issue an order barring Koome or any other unduly nominated to replace Mutyambai pending determination of the suit.