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Inspector-General of Police nominee Douglas Kanja
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Speaker rebuffs MPs' attempts to block Senate in vetting of police boss nominee

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Inspector-General of Police Douglas Kanja. 

Photo credit: Dennis Onsongo/ Nation Media Group

Attempts by a section of MPs to lock out the Senate in the approval hearings of the Inspector-General of Police nominee Douglas Kanja were swiftly rebuffed by National Assembly Deputy Speaker Gladys Shollei despite spirited arguments from the legislators.

Ms Shollei, in the Chair at the time, was forced to issue the ruling after Mandera North MP Abdullahi Bashir with the support of majority Whip Silvanas Osoro (North Mugirango) had demanded a ruling from the Chair excluding the Senate from the vetting process.

The two MPs spoke after Deputy Speaker Shollei had just notified the House of President William Ruto’s nomination of Mr Kanja for approval by the House as the next IG.

The legislators argued their cases despite the Constitution stating that the inspector-general of police is appointed by the President with the approval of Parliament.

“The established practice is the joint sitting of the committee of the two houses. If you are not happy, propose amendments to the constitution,” ruled Ms Shollei as she directed the House’s Administration and Internal Affairs Committee to expedite the vetting of the IG nominee jointly with the security committee of the Senate.

Bad precedent

This even as Ugenya MP David Ochieng warned those opposed to the joint vetting exercise of the IG to stop being petty.

“This House is setting a very bad precedent. We cannot be worrying about the Senate all the time. We live within the laws. We must stop whining about the Senate every time,” the Ugenya MP said.

Until his nomination to replace Mr Japhet Koome, who resigned last month, Mr Kanja was the deputy Inspector-General of Police representing the regular police.

Article 245 (1) of the constitution establishes the office of the Inspector-General of the National Police Service.

Part two of this Article goes on to state that the Inspector-General is appointed by the President with the approval of Parliament.

Parliament, under Article 93 of the constitution, is defined as the duality of the National Assembly and Senate.

Article 245 (6) states that the Inspector-General shall be appointed for a single four-year term and is not eligible for re-appointment.

Mr Bashir had argued that the IG is not a devolved function and therefore the Senate should have no role in the vetting of an individual nominated by the president to hold the office.

“What role does the Senate have in the vetting of IG? The police service is not a devolved function at all. The PS Interior is not vetted by a joint committee of the two Houses. What business does the Senate have in vetting the IG?” posed Mr Bashir.

The Mandera North MP continued; “I think we are making wrong decisions on this matter and this House requires us to do its job.”

“The National Police Service is a national function and we are ceding ground to a House that is trying to grab the powers and privileges they do not have. The Speaker must give a ruling on this matter because the IG is not a function of the counties,” he said.

Mr Osoro went to the extent of claiming that it will be the first time a joint sitting of the committees of the two Houses will be held on a matter reserved for the National Assembly.

This is notwithstanding that the previous three IGs under the current constitution have been vetted by the joint sitting of the relevant committees of the two Houses and approved by the two Houses variously.

“Each House has its own distinct roles. This House needs to create a jurisprudence. It is going to be the first time (sic) that a joint sitting of the committees of the two Houses is sitting on a matter that the National Assembly needs to tackle,” claimed Mr Osoro.

“How the Senate comes in is a question that we need to answer. It shouldn’t be that we set a precedent that the role of this House is being shared by the Senate,” added Mr Osoro.

Narok West MP Gabriel Tongoyo, who chairs the Administration and Internal Affairs Committee that among others vets the IG, faulted his colleagues noting that the input of the Senate in the vetting of the police boss nominee is critical.

“The procedure of vetting the Inspector-General is done by both Houses of parliament,” said Mr Tongoyo even as Nairobi County Woman Representative Esther Passaris said; “we have already set the precedent and we cannot deviate from it, lawmaking is about precedent.”