LawyerJessie Oduor￼ for Zachary Onsongo submitting before Employment and Labour court lady Justice Monica Mbaru after he filed application court seeking orders to quash the decision of the President to retire and transfer former Deputy Inspector General of police Grace Kaindi.
BY SAM ALFAN.
Human Right Activist has moved to court seeking orders to quash the decision of the President to retire and transfer former Deputy Inspector General of police Grace Kaindi.
A petitioner has filed an application at the Employment and Labour court alleging that President Uhuru Kenyatta violated the constitution in replacing her.
Zachary Onsongo, says that the move by the head of state is unconstitutional, which calls 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 Justice Monica Mbaru, 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.
The lawyer said that the Deputy Inspector-General of Police holds a constitutional office and was appointed on the basis of a competitive process by the National Police Service.
“By virtue of Constitutional provisions and the National Police Service Act, the deputy inspector general cannot be fired without following the due process of the law,” explained lawyer Jesse.
He added that the deputy inspector general has a five year contract which is to end in 2018.
Kaindi was retired on 31 August 2015 and appointed ambassador whose station was not disclosed.
The court certified the matter urgent and directed that the application by served upon NPSC and attorney general and same be heard tomorrow due the urgency.
President Uhuru Kenyatta yesterday replaced Deputy Inspector General of Police Grace Kaindi in a reshuffle.
The President appointed Joel Kitili, who has been the General Service Unit commandant, to act in her position.
“Kitili will serve with immediate effect, and until the substantive processing of appointment of the next Deputy IG takes place,” the President said.Kaindi has been appointed ambassador without portfolio.
The President also replaced National Counter Terrorism Centre director Isaac Ochieng, who has been appointed ambassador.
Uhuru replaced him with Martin Kimani, who was Kenya’s Permanent Representative to the UN Office.
Kaindi had been excluded from a Sh12 billion police equipment procurement and had earlier been offered a diplomat’s job before yesterday’s shuffle.
The Interior ministry is procuring the equipment through single-sourcing.
In June, National Police Service Commission chairman Johnston Kavuludi had said Kaindi will serve until January 2018.
Kavuludi, in a letter to Inspector General Joseph Boinnet, cancelled the initial letter dated December last year.
The letter directed Kaindi to go on three-month leave pending retirement. She turned 60 on July 25.
“Our letter of December 2014 giving notice for your retirement from October 2015 stands cancelled,” the letter from Kavuludi said then.