By CYRUS OMBATI
IPOA has written to the two Principals to remind them the appointment of the IG is not pegged on the establishment of the National Police Service Commission as being touted by many.
“Indeed the National Police Service Act makes it mandatory for the president in consultation with the Prime Minister to constitute a selection panel within 14 days after the commencement of the Act for purpose of competitively recruiting the IG,” says part of a letter from IPOA chairman Macharia Njeru.
Mr Njeru told both the president and PM failure to constitute the panel is a violation of the law amid fears from other stakeholders individuals may move to court after the August 27 deadline of establishing the police command structure to challenge the stay of office of the current officers.
Anyone can move to court if the deadline passes and parliament fails to extend the period as stipulated in the laws. This, according to stakeholders, can create confusion in the context of maintaining law and order in the country.
Njeru raised the issue in his letter to the principals saying IPOA did not need to overemphasise the legal minefield created by the failure in view of the fact that the Act has rearranged the command structure of the service.
The IPOA chairman also questioned why the Act had been shelved at the Government Printer since August 30, 2011 when it was assented to by the President.
“For reasons we are unable to comprehend, the Government Printer did not make available to the public the Act until few days ago, which seems to have been upon question around this issue being raised by interalia IPOA,” says part of the letter dated July 27.
The Act was operationalised a week ago after the IPOA raised questions regarding its missing from the public and it is now available.
There has been misconception that the appointment of the IG is pegged on the establishment of the NPSC. According to the law, the commission will only appoint the two deputies of IG and director of CID other than performing other duties.
In his letter, Njeru told both the President and PM that the IG will be a member of the NPSC which will recruit the deputies and CID director who will be subject to the direction, command and control of the police boss.
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