Health Cabinet Secretary Susan Nakhumicha has ordered the transfer of Matisi OCS John Thuo following violent clashes between two groups in his area of jurisdiction during anti-government protests staged by the Azimio Coalition.
During the burial of a popular bouncer who lost his life in the incident, Nakhumicha claimed that she has the powers to effect the change citing President William Ruto's ‘one-government approach designed to enhance coordination across government.
Although the power to transfer security officials does not fall under her docket, Nakhumicha emphasised that she was representing Ruto's administration, thereby making her directive official government position.
"We don't require Interior CS (Kithure) Kindiki to be here so that an OCS can be transferred. I am in Ruto's government and I stand here as his representative, so I order that the county commandant to listen and if he's not here, let the information reach him, I have said that in 24 hours, the OCS needs to have been transferred," she stated.
"I am informed that the OCS is here, he has heard what I have said. This is not a laughing matter, Mr. OCS those are the instructions. I will just go and report to my colleague, Kindiki, the action that I have taken," she added.
According to the National Police Service Act, the National Police Service Commission (NPSC) is responsible for handling the disciplinary roles of police officers within the service.
Additionally, the commission is empowered to recruit, appoint, and confirm individuals for positions in the service, as well as determine promotions and transfers within the National Police Service (NPS). This mandate is derived from Article 246(3) of the Constitution.
Nakhumicha's directive came in the backdrop of power struggles between the National Police Service and the National Police Service Commission after the latter challenged the decision by Inspector General Japhet Koome to promote 514 officers at the courts.
The development raised questions about the purview of the Interior Cabinet Secretary, the National Police Service, and the National Police Service Commission in matters of police officer transfers and promotions.
In response to the situation, NPSC CEO Peter Leley emphasised the commission's constitutional responsibilities and asserted that they would carry out their functions impartially, without succumbing to any external pressures. He stated that the NPSC will not permit the National Police Service to take over its core functions as defined in the Constitution.
Weighing in on the matter, Law Society of Kenya President Eric Theuri argued that Inspector General Koome does not possess the authority to make appointments or determine promotions within the National Police Service.
Bouncer's demise
The 32-year-old lost his life while trying to clear the road that was barricaded by protesting youths in the mass demonstrations staged by Azimio. Witnesses told the press that he was caught in the crossfire after two opposing camps in the slums clashed.
He was rushed to Kitale County Hospital but succumbed to injuries on arrival.
