The High Court on Wednesday July 26, nullified the appointment of Bernice Sialaal Lemedeket as the Principal Administrative Secretary in the Interior Ministry and as the the National Police Service (NPS's) senior accounting officer.
The ruling followed a petition filed by a Nakuru resident challenging her appointment. The petitioner submitted that the position does not exist in the Kenyan constitution.
In a ruling delivered virtually, Justice Byram Ongaya agreed with the petitioner and confirmed that the two roles lacked a legal basis, consequently, they were deemed null and void.
The judge noted that the Inspector General of Police was the official accounting officer for the NPS, thereby nullifying Sialaal's roles.
Prior to the nullification, Sialaal held the positions for eight months.
The judge also gave orders barring the appointee from assuming any roles associated with the positions.
The petitioner argued that the PAS role was already under the docket of Principal Secretary and did not serve any purpose within the ministry. The petitioner also faulted creation of the post since President Ruto did not initiate public participation.
While defending the appointment, the Attorney General's office claimed that the PAS position was created legally and filled competitively.
He noted that the PAS position was formed to deal with the financial accounting issues at the Service.
He added that creation of the position was informed by recommendations made by the Waki report which advocated for financial autonomy of the National Police Service.
Sialaal was appointed by President William Ruto on November 3, 2022, as the Head of State moved to grant NPS financial autonomy. To this end, Ruto directed that the NPS accounting function be transferred from the Office of the President and be handed to NPS.
Prior to her appointment, Sialaal served as a manager of the Kenya Pipeline Company Foundation. She has also served as an advisor for the University of Maryland Global Initiative Kenya.
