Ruto sued over Mutyambai's replacement

Japhet Koome was nominated to succeed Hillary Mutyambai, who has proceeded on terminal leave due to health issues.

President William Ruto with outgoing Inspector General Hillary Mutyambai at State House on September 27, 2022

A doctor has sued President William Ruto and Attorney General Paul Kihara over the nomination of Japhet Koome as Inspector General Hillary Mutyambai’s replacement.

The suit filed at the High Court in Milimani by Dr Magare Gikenyi -a consultant trauma and general surgeon- says Koome’s nomination was illegal and not compliant with the constitution.

Koome was nominated to succeed Mutyambai, who has proceeded on terminal leave due to health issues.

The doctor argued that the recruitment of an IG of Police, should only be done by the National Police Service Commission.

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,” the surgeon said in the court documents.

He argued that Ruto’s actions could lead to loss of public confidence, anarchy and outright abuse of power against independent institutions.

This ultra vires, null and void and unconstitutional action of the president needs to be stopped for the sake of the rule of law. If the same is left unabated, the independence of the inspector general and police service commission will be lost/eroded,” he added.

Sections 12 and 13 of the National Police Act give the procedure on how an IG should be recruited and appointed.

Whenever a vacancy arises in the IG’s office the NPSC is expected to gazette the vacancy and publish the same in at least two other daily newspapers of national circulation and call for applications.

The commission considers the applications, conducts public interviews and shortlists at least three persons qualified for the position advertised.

The names of the persons shortlisted should be published in the Kenya Gazette and forwarded to the president for nomination.

Head of State is obligated to pick one of the people shortlisted and forward the same to Parliament for approval within seven days.

Parliament shall vet and consider the nominee and may either approve or reject the nomination and notify the president of its approval or rejection.

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