Ruto Sued Over Nomination of Japhet Koome as Police IG

President William Ruto announcing the nominees to his cabinet at State House Nairobi on Tuesday, September 27, 2022..jpg
President William Ruto announcing the nominees to his cabinet at State House Nairobi on Tuesday, September 27, 2022.
William Ruto

President William Ruto's nomination of Japhet Koome as the next Inspector General of Police hit the corridors of justice on Wednesday, September 28.

Magare Gikenyi, a Consultant Trauma, and General surgeon, filed a petition arguing that the president acted unconstitutionally by making the nomination on Tuesday, September 27.

Furthermore, he argued that the National Police Service - NPS is tasked with the nomination of the Inspector General when a vacancy arises.

“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 president has no powers to recruit the IG single-handedly,” read part of the court papers.

an image of nominated Inspector General, Japhet Koome.jpg
An image of nominated Inspector General, Engineer Japhet Koome.
Kenyans.co.ke

The Nakuru government county official has dragged the Attorney General (AG) into the lawsuit filed at the Nairobi High Court.

According to Gatenyi, the AG should protect the independent offices and should be the last person to condone illegalities in the name of “political correctness”.

His petition referred to section 12 of the National Police Act that calls for the gazettement of position vacancy within 14 days and request for applications.

Gikenyi urged the court to act justly to protect the independence of the Inspector General and the Police Service Commission.. 

“I being law-abiding citizens have a legitimate expectation that all state officers and state organs had to follow the law and the constitution if there was a contrary to this expectation; the Kenyans and I ought to be given legal explanations and not innuendos,” the court papers read on.

 However, amendments made to the Act by the Jubilee administration under the retired president Uhuru Kenyatta in 2014, gave the president power to nominate the IG.

"The President shall, within fourteen days after a vacancy occurs in the office of the Inspector-General, nominate a person for appointment as an Inspector General and submit the name of the nominee to Parliament.

Parliament shall, within fourteen days after it first meets after receiving the names of the nominee consider the suitability of the nominee; either approve or reject the nominee for appointment; and the Speaker of the National Assembly shall notify the President of the decision of the Parliament," reads the revised NPS Act in part.

Notably, the former president nominated the previous Inspector Generals; Hillary Mutyambai and Joseph Kipchirchir Boinnet.

If approved by parliament, Koome will be the fourth police boss under the 2010 Constitution.

A collage of nominated IG Japhet Koome and outgoing IG Hillary Mutyambai.jpg
A collage of nominated IG Engineer Japhet Koome and outgoing IG Hillary Mutyambai.
Kenyans.co.ke
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