AG DEFENDS DECISION TO RETIRE KAINDI.

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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

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