National Assembly wants court to strike out case challenging IG Kanja's appointment

The National Assembly has asked the High Court to dismiss a case filed by Busia Senator Okiya Omtatah and two others challenging the appointment of Inspector General of Police Douglas Kanja, saying it has no legal grounds.

In court papers filed in response to the amended petition, National Assembly Clerk Samuel Njoroge described the case by Omtatah, Nakuru-based surgeon Magare Gikenyi, and activist Eliud Matindi as "scandalous, frivolous and vexatious."

The three petitioners moved to court in September last year to challenge Kanja’s appointment, arguing that he was not recruited through a competitive process and is therefore in office illegally.

They said the appointment was the result of an “unconstitutional, illegal, and uncompetitive recruitment process.”

In their amended petition dated February 27, 2025, the three also claimed that 158 primary laws, various miscellaneous statutes, and several delegated legislations passed by the National Assembly without involving the Senate were unconstitutional. They argued that these laws deal with national security, which they claim is also a county matter.

According to them, laws that create offences or allow the police to investigate and prosecute people must involve the Senate since national security cuts across both levels of government.

They are also seeking the court to declare Section 12 of the National Police Service Act unconstitutional, claiming it does not provide for the competitive recruitment of the Inspector General.

However, the National Assembly says the matter has already been decided by the High Court and the Court of Appeal, which found the law constitutional and upheld the process used to appoint Kanja.

“The issues being raised by the Petitioners being directly and substantially similar to the ones decided on merit by both the High Court and the Court of Appeal make the Amended Petition res judicata. This Honourable Court lacks the requisite jurisdiction to hear and determine this Petition as the issues have been determined by the Court and the Court of Appeal, which binds this Court as provided under Article 163(7) of the Constitution and the principle of stare decisis,” the National Assembly says.

The clerk added that there is no constitutional requirement for a competitive process in recruiting the Inspector General of Police, since the President nominates the candidate and Parliament approves the appointment.

“It is, therefore, in the best interest of justice that this Application seeking to strike out the Petition be allowed and the orders sought granted,” the National Assembly says in court.

The petitioners had asked the court to bar Kanja from carrying out his duties as Inspector General or accessing the office until the matter is heard and determined.

Kanja, who took over the role last week, replaced former IG Japhet Koome, who resigned in July after weeks of countrywide protests against the government.

Apart from Kanja, the petition lists the National Assembly, the Senate, the Attorney General, the National Police Service Commission, and the Kenya National Commission on Human Rights as respondents.

The Law Society of Kenya, Police Reforms Working Group, and Katiba Institute have been named as interested parties.

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The petitioners argue that Kanja was simply handpicked by the President and not subjected to a fair recruitment process.

The court will now decide whether to strike out the case or allow it to proceed, as questions continue to be raised over how top police appointments are made.