•“The president has no powers to recruit the IG single-handedly,” reads court papers.
•It is his argument that Ruto undertook the nomination of the Koome without due process.
Image: PSCU
A Nakuru doctor has challenged the decision by President William Ruto to appoint Japheth Koome as the next Inspector General of Police.
Magare Gikenyi Benjamin a consultant Trauma and General Surgeon at Nakuru level 5 has faulted Ruto for single-handedly nominating Koome.
“The president has no powers to recruit the IG single-handedly,” reads court papers.
He argues that it is contrary to article 245 of the constitution as read with sections 9 and 12 of the Kenya national police service act, 2011 cap 84 of the laws of Kenya.
"Article 245(2)(a) of the constitution 2010 says that the Inspector General of Police shall be appointed by the President with the approval of Parliament; while in sub-article (8) the constitution says that Parliament shall enact legislation to give full effect to this Article,"
On Wednesday, Justice Mugure Thande directed that the matter be served upon the President and the AG for further direction on October 11.
Magare says section 9 of the NPS Act states that the IG and DIG shall be appointed to office in accordance with Article 245 of the Constitution.
According to court papers, if the same is left unchallenged, the independence of the inspector general and police service commission will be lost.
He wants the court to bar the National Assembly from receiving and vetting the name of Koome who was nominated by Ruto on Tuesday this week pending a hearing and determination of his case.
It is his argument that Ruto undertook the nomination of the Koome without due process.
“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,” Magare argues.
Magare further argues that the action by the president will lead to loss of public confidence, anarchy, and outright abuse of power against independent institutions.
When he was naming his cabinet on Tuesday, Ruto said he had received a request from the current Inspector General of Police Hillary Mutyambai to proceed on terminal leave following his health condition.
Ruto further said he had accepted Mutyambai’s request and went ahead to nominate Koome to replace him.
Ruto then sent the name of the Koome to the National Assembly for vetting and later appointment as inspector general.