It’s a matter of great concern that the National Police Service Commission, a key Constitutional Commission created under Article 246 of the Constitution, appears to have been completely paralysed for many months now.
This unfortunate state of paralysis, which appears to be orchestrated, has made it impossible for the Commission to execute its constitutional and legal mandate to the detriment of the wider public.
It is clear, that the National Police Service Commission, as currently constituted falls far short of the requirements of both the Constitution [Article 246 (2)] and the National Police Service Commission Act.
For about one year now, the position of Vice Chairperson of the National Police Service Commission has remained vacant since the demise of the previous office holder. No concrete steps have been taken by the Government to have this position filled.
The Government also seems not to be in a hurry to replace Maj. (Rtd.) Shadrack Muiu as Commissioner of the National Police Service Commission despite the fact that he has remained inactive for nearly one year now. This is in direct contravention of Article 251 (1) (c) of the Constitution.
This state of affairs, coupled with the prolonged deployment in Lamu of the Deputy Inspector-General (Administration Police), has made it almost impossible for the National Police Service Commission to achieve the requisite quorum for the transaction of its routine business in Nairobi. This is, clearly, untenable.
The question one would want to ask is; who is benefiting from this state of paralysis in the National Police Service Commission? Could it be an attempt to roll back the gains realized under the new Constitution and torpedo the much-needed police reforms?
We are giving the government two months from now to act on the issues highlighted above. In the event that it fails to do so, I together with other like-minded Kenyans will be moving to Court to compel it to do so.
