Human rights activists Kipchumba Kiptoo,(center)Felix Kiprono and Fredrick Odhiambo outside at Milimani law courts building after they were directed to serve and appear in court for further directions.
BY SAM ALFAN.
High Court has ordered thre activists to serve the National Police Service Commission (NPSC) with an
application in which they are challenging the resignation of David Kimaiyo as Inspector-General of Police.
Justice Isaac Lenaola also directed the three activists to serve the Attorney-General with the application and all the parties mentioned on the matter.
The human rights activists moved to court to last week challenging the early retirement of former inspector General of police David Kimaiyo saying that it were done unconstitutionally and unprocedurally.
Through human activist lawyer Felix Kiprono they claimed that the Inspector General of Police office is a public office and the occupant cannot just leave without following the law.
They want the court to declare Kimaiyo’s retirement null and void as well as stop the National Police Service Commission from recruiting a new Inspector General.
The case was filed few hours after Inspector General of Police announced his retirement due to what he termed as personal reasons after serving only for two years at the helm and today human rights activists are challenging that move saying that Kimaiyo can only be removed by the president or he can resign after writing to the president according to the law.
The first top corp of police in the country under the new law hanged his boots after convening a press conference in which he claimed that he had held discussions with the president to finally call it quits.
Petitioners Felix Kiprono,Fredrick Odhiambo and Kipchumba Kiptoo before Justice Isaac Lenaola claimed that the office of the Inspector General can only become vacant if he dies and when he resigns by way of writing a notice addressed to the president or when he is removed from office in accordance with the law.
The law stipulates removal of the Inspector General of police on the following grounds when he contravenes chapter six of the constitution, gross misconduct, physical or mental incapacity, incompetence, bankruptcy and parliament shall enact a legislation to give full effect to this article.
However Justice Lenaola declined to grant any orders and directed the petitioners to serve and come back to court next week on Monday for further directions.
Kimaiyo has been in the police force for 34 years and his retirement comes amidst terror attacks which have claimed hundreds of Kenyans life’s starting with the September 2013 Westgate siege and Mandera attacks that have seen over 60 people lose their lives.
The cabinet secretary for Interior Joseph Ole Lenku was also shown the door and his place taken by Kajiado Central Mp retired Major Joseph Nkaissery who is expected to be vetted by parliament before talking over the powerful position.
The Kavuludi led commission has said it will appoint an interim Inspector General pending the appointment of new IG.
The case will be mentioned before justice Lenaola for further directions.