High Court Judge Isaac Lenaola at Milimani Law Courts in Nairobi where he nullified the entire countrywide police recruitment and ordered the National Police Service Commission (NPSC) to repeat the exercise.
By SAM ALFAN.
High Court sitting in Nairobi has nullified the countrywide police recruitment and ordered the National Police Service Commission (NPSC) to repeat the exercise.
Justice Isaac Lenaola said the recruitment exercise was riddled with corruption and NPSC should have considered complaints raised by different agencies.
The judge said NPSC illegally delegated power to recruit to sub-county police recruitment committees.
“The recruitment exercise carried out on 14 July, 2014 by sub-county recruitment committees was inconsistent and in contravention of the constitution,” Judge ruled.
Justice Lenaola said that as a result; the recruitment was done by unknown bodies.
He said the inspector-general of police was the only one who has powers to recruit new officers.
“Although the action might be painful and unpopular, the law must be obeyed and I therefore nullify the entire recruitment exercise and order a repeat throughout the country,” said the judge.
The judge had earlier directed The National Police Service Commission and Independent Policing Oversight Authority to embrace negotiation to solve the recruitment fiscal.
Justice Isaac Lenaola said that the dispute over the recruitment process can be solved by parties sitting down to find out where the problem was, rather than engaging in court battle.
The judge however said if parties fail to agree the matter shall proceed to full hearing and the court shall make a determination.
He said before the dispute is solved there shall be no issuing of letters of appointment to any one of the recruited persons.
Earlier this month court sitting in Nairobi stopped issuance of letters to the police recruits in an exercise that was carried out on the 14th of July 2014 pending the hearing and determination of the case that was filed by Independent Police Oversight Authority.
Justice Mumbi Ngugi on August 20, 2014 11 ordered that the report due to be released by the National Police Service Commission (NPSC) not to be effected yet.
The report will detail investigations into allegations that the exercise was marred by corruption, nepotism, tribalism and political interference.
Over ten thousand police recruits who underwent a rigorous police recruitment exercise just under a month ago will have to wait a little bit longer to know their fate after the court halted issuance of letters.
The letters were scheduled to be issued after the release of the National Police Service Commission (NPSC) investigation report on claims of irregularities.
This came after the Independent Policing Oversight Authority (IPOA) moved to court seeking the nullification of the exercise.
The police oversight body claims that that the process was conducted in a manner that was not in compliance with the Constitution and hence led to the great hue and cry from members of the public and aggrieved participants.
Lawyer Paul Ojwang representing the Attorney General Paul Ojwang acknowledged that indeed the exercise was marred with irregularities but said that it does not warrant nullification of the whole process and that will be unfair to the innocent recruits.
He added that the suit is defective, amorphous and it has been overtaken by events. The recruitment took place in 293 centers country-wide costing 90 million shillings.
IPOA wanted the court to compel the Respondents to develop and gazette recruitment regulations pursuant to Section 28 (f) of the National Police Service Commission Act and another order compelling the Respondents to repeat the recruitment exercise in tandem with National Police Service Commission.
The court ordered the fresh recruitment exercise to take place on 14 of December 2014.