Deputy Inspector General of police M’s Grace Kaindi. BY SAM ALFAN.
Attorney general Professor Githu Muigai has opposed the application by an activist seeking to quash the decision of President Uhuru Kenyatta retiring deputy inspector general of police M’s Grace Kaindi.
The Ag through senior Principal state counsel Mr Emmanual Bitta told the court, that retired officer has no contractual with National Police Service Commission in which she seeks protection from removal.
Mr Bitta told Justice Monica Mbaru of Employment and Labour Relations Court , that M’s Kaindi has reached her retirement age of 60 years.
He said the decision being sought to be quash has not been shown to the court, saying the application is defective and should be struck out
Mr Bitta, further said the applicant Mr Zachary Onsongo has not exhibited his locus standing to warrant the court to issue the order staying the decision of the President.
He submitted that at the hearing of the application, the court will be shown, that there is no privily of contract between the applicant, NPSC and AG.
The judge directed that the matter be heard on September 14 by all parties.
Mr Onsongo, says that the move by the head of state is unconstitutional, which calls for the court to protect the violation of the constitution.
The activist through his lawyer Oduor Jesse, told the court that the said transfer of Kaindi erodes the constitutional gains towards the empowerment of women..
The lawyer told the court that in effecting the transfer or retire the President usurped the powers of the national Police Service Commission as enshrined in the constitution
Mr Jesse argued Kaindi holds a constitutional office in which she was appointed on the basis of competitive process by NPSC.
He said the said transfer did not factor in the issue of gender as provided in the constitution.
The court that Kaindi has five years contract which expire on 2018, saying her retirement is violation of her contract of employment.
Kaindi was retired on 31 August 2015 and appointed ambassador whose st
