Kindiki says no clash of roles between IG Koome and Police Commission
Cabinet Secretary for Interior Kithure Kindiki and Inspector General of Police Japhet Koome before Departmental Committee on Administration and National Security on the deployment of Kenya Police officers to Haiti.
What you need to know:
- The CS argued that either the IG usurped the powers of the commission or the commission was trying to ignore the input and critical recommendations of the commanders of National Police Service
- While the two may disagree from time to time, the CS said they often should agree owing to the sensitive nature of their work failure to which they are likely to jeopardise issues of national security
- He added that the constitution placed two of IG’s deputies in the commission, so that the initial technical document for consideration by the commission, especially on transfers, comes from them
The law has not created any ambiguities between the roles of the National Police Service Commission and the Inspector General of Police, Interior CS Kithure Kindiki has said.
Appearing before the National Assembly’s Committee on Constitutional Implementation Oversight Committee (CIOC) on Thursday morning, the CS said the recent differences between the IG and the commission stemmed from the commission feeling that they must delegate the power to promote over 500 police officers and the IG feeling he does not require delegation.
The CS argued that either the IG usurped the powers of the commission or the commission was trying to ignore the input and critical recommendations of the commanders of National Police Service.
While the two may disagree from time to time, the CS said they often should agree owing to the sensitive nature of their work failure to which they are likely to jeopardise issues of national security.
“This is a sector that is so sensitive that any misconduct would have grave consequences for the security of the country. Outside the KDF, all other weapons that are used lawfully in protection of the country are in the hands of the National Police Service, you cannot have someone commanding an armed organization and has no say on which officer is capable of dealing with certain threats and which one is not capable,” argued Prof Kindiki.
The Commission had publicly differed with the IG over his promotions of over 500 police officers earlier this year a move the commission declared null and void saying it was not done procedurally and that the IG had no authority in law to effect them.
“I am glad that whatever was taking place has been abated and I am informed that commission’s meetings have been taking place in the presence of the IG and his deputies which was a problem that time. I made them aware that the public spats were impeachable conduct and a violation of the constitution,” said Prof Kindiki.
He added that the constitution placed two of IG’s deputies in the commission, so that the initial technical document for consideration by the commission, especially on transfers, comes from them.
“The reason is that whereas the promotion function is with NPSC, the operational wherewithal to vouch which officer deserves a promotion largely lies on receiving recommendation from the IG, this is the right thing especially where an armed organization is involved," said the CS.
Article 246 of the constitution empowers the Commission to recruit all officers and staff including specialists for all services.
However, NPSC, like all other independent commissions may delegate certain powers to authorise state and public officers who act on behalf of the commission on matters of human resource.
On this premise, the promotion, transfer and deployment of officers in the rank of constables to Chief inspector are done by the IG through delegation.
“There is a reason for that because these are junior officers who populate most of the junior roles within the services. Upto that level, the powers of the IG are delegated powers and must get concurrence with the commission as the legal entity empowered to undertake that mandate,” he explained.
The commission however, takes charge of the promotions of the officers above the rank of Chief Inspector all the way to Senior Assistant Inspector General of Police.
Kindiki said the constitution allows both parties to work together seamlessly.
“It is not impossible for both parties to work together for the desired outcome. The IG and his two deputies are technical members of the commission because the initial document of recommendation must come from them.”
“From where I sit and through my understanding of how such independent commissions work is that the delegating instrument is to make sure that what the IG does with those powers is within the law. What we have had is a standoff, one side-the commission taking the high ground and insisting on delegation and on the other hand the IG taking the high moral ground and saying it is his job, both parties were wrong,” he added.
The independent nature of the IG’s office is also such that not even the Internal Security Cabinet Secretary can direct him on issues to do with transfers, promotion or deployment of individual officers, unless it’s a police directive.
“That is why yesterday we have a directive on transfer of officers who have been at one station for more than three years, that is a policy decision. It is not about individual officers because that would be unconstitutional,” he added.
Going forward, Kindiki said every government official must realize that the silver bullet in the 2010 constitution is that no one organ/agency/state official has untrammeled power.
“Nobody has powers to do everything and on the other hand no one has powers to do nothing. For example; on recruitment, transfers and promotions, the input of the IG is critical because they are the people who can vouch for the operations competencies of armed officers but on the other hand the legal authority of the commission is mandatory and therefore an attempt by the commanders of the NPS to perform functions outside the law is also not countenanced by the constitution,” he said.
