Immediate Deputy Inspector General of Police Grace Kaindi and President Uhuru Kenyatta.
BY SAM ALFAN.
Outgoing Deputy Inspector General of Police Grace Kaindi has filed an application seeking to overturn the decision of President Uhuru Kenyatta to transfer her.
The application has been certified as urgent vacation judge Justice Joseph Onguto, who directed that the same be served upon the AG and National Police Service Commission.
“Petitioner has raised constitutional issues and a decision has already been made by the president” Said Justice Oduor.
The Judge further said Security is a very sensitive issue and it cannot be a social experiment.
Justice Oduor certified the matter urgent and directed Kaindi to serve all parties and appear in court on September 16.
The judge granted Kaindi leave to file judicial proceedings to challenge the decision of the President to retire her.
Kaindi also want the court to issues orders against the national police service from replacing or declaring any vacancy in the position of the Deputy Inspector General of the national police service or implementing her transfer o.
She filed the suit through a certificate of urgency; Kaindi argues that the said decision was never put on paper, amounting to a roadside declaration-against the law.
Kaindi claims she learnt her dismissal from the service through the media and she has not received any official communication from the national police service regarding the transfer or deployment.
“By virtue of the constitutional provisions and the NPSC Act, the DIG cannot be fired without following the due process of the law and to this end the President did violate the constitution. There is no provision in law for a DIG to be in office in acting capacity and therefore the alleged replacement is null and void,” Odour said.
She said in her affidavit that, the manner in which a senior state officer of the caliber of deputy inspector general can be treated leaves much to be desired on how the executive arm of the government can treat vulnerable citizens.
The former Deputy Inspector General claimed the alleged removal from office and the manner in which she was injected offends the constitution that governs the country.
She is also claiming her life is in danger since her official motorcade was withdrawn.
“My official motorcade and body guards were withdrawn without any explanations whatsoever exposing my persona to great danger contrary to the law”
Kaindi wants the High Court to quash the decision and stop her transfer to civil service as ambassador.
She claims in her court documents that, on 31 of August president Kenyatta purported to have transferred the deputy general of the police, Grace Kaindi from the police service to public service against Article 245 and 246 of the constitution.
“The said decision was never put on paper amounting to a road side declaration against the law” said Kaindi
Immediate DIG also claims in effecting the transfer or retire her, President Uhuru Kenyatta was usurping the powers of the national police service commission as enshrined in the constitution.
“The deputy Inspector General holds a constitutional office and was appointed on the basis of a competitive process by the national police service” said Kaindi in her court documents.
Kaindi say she purported appointment replacement did not factor in the issue of gender as contemplated in the constitution.
She further said the DIG has a five year contract which is to end in 2018 and the alleged transfer has violated the said contract.
