Homa Bay Town MP Peter Kaluma has questioned the legality of police promotions by the Inspector General of Police Japhet Koome.
This is after Koome announced the promotion of the officers, but hours later, National Police Service Commission (NPSC) chairman Eliud Kinuthia termed the move null.
However, IG Koome said he was within the law in what he was doing.
Speaking on Tuesday, Kaluma said the law does not allow an individual to make decisions on who is to be recruited and promoted.
“What we have is a situation where an inspector general is encroaching into the constitutional mandate of an independent commission,” he said.
“We ask ourselves why the National Police Service Commission was created because we have situations where people are being recruited on favouritism and promotions of officers based on who they know. I, therefore, disagree that the promotions which the IG purported to do can be sanitised,” he said.
Koome’s move was met with sharp criticism after the Law Society of Kenya called him out over the promotions.
LSK President Eric Theuri said the law does not allow Koome to make appointments or determine promotions in the National Police Service.
He said Section 10 of the National Police Service Act does not grant the IG any of the powers he has attempted to exercise.
“The Law Society is of the considered view that the plain reading of Article 245 (4)(c) does not donate any power to the IG to make any appointments or determine promotions and transfers within NPS as those are functions exclusively reserved for the National Police Service Commission under Article 246(3) (a).”
He said NPSC Act only donates the power to the IG to appoint, promote and transfer to officers below the rank of superintendent.
“Section 10 (2) provides that Commission may delegate to the Inspector General the power to recruit, appoint or promote police officers below the rank of superintendent,” he said.
“It follows that the powers to appoint, recruit or promote officers above the rank of superintended is exclusively reserved for the commissioner by both the Constitution and Statute.”
The LSK President said Koome’s actions amount to a serious violation of the Constitution, NPS Act, and the National Police Service Commission Act.
