21 organisations under the umbrella of Police Reforms Working Groups (PRWG) on Wednesday, August 2, criticised Health Cabinet Secretary (CS) Susan Nakhumicha's decision to order the transfer of a senior police officer.
PRWG noted with concern that Nakhumicha, while attending a burial in Matisi in Trans Nzoia County on Saturday, July 28, ordered the transfer of an Officer Commanding a Police Station, (OCS) John Thuo.
The organisation argued that the CS had overreached her mandate by performing a duty that was a preserve of the National Police Service Commission (NPSC).
“We reiterate that the Commission draws its powers and functions from Article 246 of the Constitution, which gives it powers to recruit and appoint persons to hold or act in offices in the Service, confirm appointments, determine promotions and transfers, and exercise disciplinary control over and remove persons holding or acting in offices within the Service,” a statement issued by the activists read in part.
The CS and all other state and public officers were warned against encouraging public lynching as it was not part of the principles of security governance.
“While we espouse public participation, accountability and quality policing services, we remind all police officers and commanders of the provisions of the Constitution, the law and the Service Standing Orders with regard to legitimate orders or commands, and urge them to only obey a lawful command,” PRWG called on OCS Thuo to disregard Nakhumicha’s orders.
Subsequently, PRWG demanded the National Police Service Commission to stamp its authority regarding its mandate and jealously protect it.
“The sovereign people of Kenya gave them that mandate, and they are the only ones who can remove or reallocate such powers,” NPSC was advised.
To enhance accountability and the rule of law, the activists urged all state and public officers to abide by the Constitution. As such, they were warned to avoid making controversial roadside declarations.
PRWG further asked The Inspector General of Police to ensure he exercised full command and control of the Service, including denouncing public lynching of police officers as witnessed in Matisi.
The PRWG comprises, among others, the Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Defenders Coalition, Katiba Institute, Social Justice Centres Working Group (SJCW), The Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa and Amnesty International Kenya.
Nakhumicha had ordered the transfer of the OCS after accusing him of failing to curb insecurity in the region.
“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 had ordered.
However, the CS reiterated that the transfer was not under her purview and that she would inform Kindiki, her Interior counterpart, of her decision.
