UPDATES
Senate and National Assembly to vet police IG nominee Japhet Koome
Senate temporary Speaker Veronicah Nduati today, October 18, conveyed the message of President William Ruto to the House with regards to his submission of the name of Inspector General of Police Nominee Japhet Koome to the Senate paving the way for his vetting.
The vetting of Koome will be conducted by a joint committee of Parliament, Senate Standing Committee on National Security, Defence and Foreign Relations, and the National Assembly Departmental Committee on Administration and Internal Affairs.
The joint committee will have 28 days from when it first meets to consider Koome’s suitability and subsequently submit a joint report to the respective Houses for debate.
Koome is the current Commandant of the National Police Service College, Kiganjo, and a former Nairobi County Police Commander.
His nomination came after departing Inspector General of Police Hillary Mutyambai, who is fighting illness, chose to go on terminal leave before the end of his term.
Mutyambai had six months left on his contract as Inspector General of Police. He was appointed by retired President Uhuru Kenyatta in April 2019.
Hiring of an IG
Sections 12 of the National Police Act and Article 245 of the Constitution both set forth the requirements for hiring an IG. According to the Act, whenever a vacancy occurs in the position of Inspector-General, the Commission is required to declare the vacancy and solicit applications within 14 days by publishing a notice in the Gazette and at least two other daily newspapers with national circulation.
The Commission then evaluates the applications, has open interviews, and shortlists a minimum of three qualified candidates for the position.
The commission must submit the shortlisted candidates to the President for nomination within seven days after the shortlisting.
The President must choose one of the selected candidates for the position of Inspector-General and submit their name to Parliament for approval within seven days of receiving the names via publication in the Gazette.
According to the Act, Parliament must vet and consider a nominee within 14 days of its initial meeting after receiving their name. It can notify the President of its choice and either accept or reject the nomination.
The President must nominate the candidate within seven days of the Parliament’s approval. However, if Parliament rejects the nominee, the President will propose a different candidate from the list of individuals chosen by the NPSC.
Legal troubles over appointment
Dr Magare Gikenyi, a Consultant Trauma, and General Surgeon, went to court last month to sue President William Ruto and Attorney-General Paul Kihara Kariuki over Koome’s alleged illegal nomination.
Gikenyi claims the President’s decision is illegal and unconstitutional because the IG should be appointed by the National Police Service Commission (NPSC).
He claims that in nominating Koome, Ruto exercised powers delegated to the NPSC and also failed to follow the legal procedure.
“The President is giving himself powers which he does not have. Only the National Police Service Commission initiates the process once a vacancy in the office of the Inspector-General becomes available. The president has no powers to recruit the IG single handedly,” said Dr Gikenyi in court papers.
In the lawsuit filed at the High Court in Milimani Nairobi, Koome, NPSC and the National Assembly are listed as interested parties while Ruto and the AG are the respondents.
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