A Nakuru-based medic has asked the High Court to declare unconstitutional the national task force to review police welfare.
The task force was established by President William Ruto in December last year.
The 23-member task force is headed by former Chief Justice David Maraga and he is deputised by Carole Kariuki.
In the documents filed before the Milimani Law Courts, Dr Magare Gikenyi says the work is constitutionally a mandate of the National Police Service Commission (NPSC) and not ‘politically and executive initiated taskforces.’
He wants the operations of the task force and the gazette notice that established it suspended.
“It is the NPSC that is supposed to establish the said task force and not the President. The President can establish any other task force but not the task force on independent commissions,” he argues.
He argues that the constitution does not envisage a situation where the President directs the working of an independent commission in this case the NPSC.
He has termed the act of the president as unconstitutional saying there has been duplication of roles.
“One wonders why the Attorney General is establishing task force when we have the NPSC which is supposed to do the same work. This action is irregular and irrational, to say the least,”
It is his argument that the actions of the state will lead to outright abuse of political power and loss of public confidence.
Those sued are the AG, the national taskforce on the improvement of the terms and conditions of service and other reforms for members of the NPS and Kenya Prisons Service and the National Police Service Commission.
Maraga and his team have been listed as interested parties in the case.
Justice Mugure Thande directed the application be served on the other parties by February 20. The matter will be mentioned on April 17 for directions.
According to the President, the task force was informed by the perennial welfare challenges that continue to compromise the efficacy and the ability of the National Police Service and the Kenya Prisons Service to deliver on their mandate.
It is to look into how to improve the terms and conditions of service and other reforms for members of the NPS and Prisons.
The task force is also meant to explore the remuneration of police and prison officers among other issues.
