Senator Omtata, two others want court to quash Kanja's appointment as IG
By Joseph Ndunda |
The trio has argued that Kanja's appointment was a culmination of an unconstitutional, illegal, and uncompetitive recruitment process.
Veteran litigant and Busia Senator Okiya Omtata together with Nakuru surgeon Magare Gikenyi and activist Eliud Matindi have moved to court seeking to overturn the appointment of the Inspector General of Police Douglas Kanja, citing he was not recruited through a competitive process and therefore is illegally in office.
The trio has argued that Kanja's appointment was a culmination of an unconstitutional, illegal, and uncompetitive recruitment process.
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They further want the high court to prohibit Kanja from performing the functions and duties of the IG of the National Police Service (NPS) or accessing such offices pending the hearing and determination of the petition.
Kanja is sued alongside the National Assembly, the Senate, the Attorney General, the National Police Service Commission (NPSC), and the Kenya National Commission on Human Rights (KNCHR) who are listed as respondents.
The petitioners have listed the Law Society of Kenya (LSK) Police Reforms Working Group and Katiba Institute as interested parties in the petition.
They claim that the appointment of Kanja is unconstitutional because he was handpicked by the president.
High Court judge Justice Bahati Mwamuye has directed the IG, and the other respondents to collate, collect, and preserve all the information documentation and material generated or held by themselves or any other state institution relating to the suitability of nomination, approval, and appointment of Kanja.
Kanja has until October 4 to respond to a petition filed in the high court seeking his removal from office.
Conservatory orders were, however, not granted, instead, Justice Mwamuye certified the petition as a matter of urgency to be heard in priority.
The matter will be mentioned in an open court on October 15 when more orders will be issued.
The IG took over the office last week after approval by both the Senate and the National Assembly to replace his predecessor Japhet Koome who resigned in July following a month-long nationwide anti-government protests.
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