April 14, 2015
Uhuru has been accused of ‘abuse of power’ over how he handled the halt to police officer training ordered by the court.
There has been a general relief in the country following the retraction of the directive issued by president Uhuru Kenyatta last week instructing the 10,000 police trainees, who had been recruited in 2014, to report for training in a total disregard of the standing court order halting the process due to claims of irregularities in the selection process.
Uhuru had been criticized by different quarters for the directive, with majority terming it as an “abuse of power”.
The Judicial Service Commission, the Independent Police Oversight Authority (IPOA), Commission on the Implementation of the Constitution and the Law Society of Kenya (LSK) were at the forefront of the institutions who criticized the directive, which would have seen the recruits report for training last Sunday.
IPOA sought to have Inspector General of Police Joseph Boinnet and National Police Service Commission CEO Johnson Kavuludi cited for contempt of court for ordering the enrolment of 10,000 police recruits to training colleges.
According to IPOA, the directive acted to defy the court order that held the police recruitment irregular and riddled with corruption. The authority termed it an assault on the express provisions of the Constitution.
“IPOA Board has resolved to commence the process of citing the IG and the CEO of National Police Service Commission for contempt,” read a statement by the authority.
The IG Joseph Boinnet announced through a statement the cancelation of the recruitment of the 10,000 recruits with regards to the earlier directive and asked the recruits to participate in new recruitment scheduled for April 20.
“I further wish to restate, as announced by the commission, that successful applicants who had been recruited in the 2014 exercise, who were to report on Sunday 12 April 2015, that the reporting date has been cancelled.”
“They are therefore encouraged to participate in the forthcoming exercise, which will be on 20th April, 2015, and they should come with all the necessary documents. The new reporting date will be communicated to the successful candidates accordingly,” Boinnet said yesterday.
The decision, which was echoed by State House spokesman Manoah Esipisu, was allegedly reached following a series of meetings held in the Office of the President and State House.
“I do confirm that the decision was reached in consultation with His Excellency the President. Consequently, those who had been recruited in 2014 must not report for the National Police Service training institution tomorrow Sunday 12th April 2015 as earlier indicated,” Esipisu said.
The Law Society of Kenya has condemned the Attorney General Githu Muigai for misadvising the president and violating the law in the process.
“The AG is either deliberately misadvising the President or is failing to be firm in his defense of the law within the Executive. In other jurisdictions, the AG would have to resign because such a violation goes to the core of the rule of law,” LSK chair
The AG is the principal legal advisor of the government but Uhuru has another advisor on legal and constitutional affairs: Abdikadir Mohamed.
Uhuru’s directive, which he maintained to assume full responsibility for, was reactionary and not well thought and it would have set a terrible precedent, where courts are blatantly disregarded and the decision risked sparking a window for lawlessness to set in.
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