Isaac Kinity
Under the new Kenya constitution, President Uhuru Kenyatta cannot fire or discipline the Inspector General of the Kenya Police. Only a Tribunal can Fire or discipline him because he is fully protected by the security of tenure. To avert a catastrophe in Kenya, President Uhuru should establish a Tribunal as soon as possible. As stipulated by the constitutional clause below, the President is deprived the powers to discipline or to fire the Inspector General. A tribunal is left as the only tool that can fire or discipline those who enjoy security of tenure, after they mess up in their jobs. “(Article 245) (7) states that the security of the Inspector General is protected against arbitrary dismissal by the government.
“The operational independence of the police is another fundamental principle governing the police (Art. 245). Among other provisions, it limits the authority of the government to direct the operations of the police. The relevant Cabinet secretary can give directions to the Inspector-General (I-G) only ―with respect to any matter of policy for the National Police Service‖. No person can give directions to the Inspector-General with respect to : (a) the investigation of any particular offence or offences; (b) the enforcement of the law against any particular person or persons; or (c) the employment, assignment, promotion, suspension or dismissal of the National
Police Service‖. The security of office of the I-G is protected against arbitrary dismissal by the government (Art. 245) (7)). A suitable distance between the government and the IG is therefore a key element in the governance and operation of the I-G and the police in general”.
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Most members of the Kenya Parliament, who are making noise and condemning the Kenya government over the spate of terrorist attacks, backed the bill which gave the Inspector General the Security of Tenure. They should instead, support the establishment of a tribunal.
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The duties of the Inspector General are outlined very clearly in the Constitution:
a) The investigation of any particular offence or offences.
b) The enforcement of the law against any particular person or
persons.
c) The employment, assignment, promotion, suspension or dismissal of the National Police Service.
From time to time the Inspector General has failed to enforce the law against those who have been terrorizing Kenyans. A Tribunal to investigate him should be established immediately.
By Isaac Newton Kinity.