Kenyans may wait longer as both houses prepare to vet IG nominee

Kenya: Kenyans may have to wait a little longer before the new Inspector General of Police (IG) officially assumes office.

This comes after it emerged that the vetting of President Uhuru Kenyatta’s nominee Joseph Boinett as the country’s second IG has to involve both houses of Parliament.

Article 245 of the Constitution provides that the President shall appoint the IG with the approval of Parliament.

This is in contrast to other provisions of the Constitution that only assign the National Assembly powers to vet the presidential appointees.

Boinnet’s fate now has to be sealed by the two houses unlike his predecessor David Kimaiyo, who was appointed in 2012 under the new Constitution following vetting by the National Assembly, since the Senate was not in place.

The process was expected to commence on February 10 when Parliament resumes, but the timeline may be longer as both speakers have to consult. This will be followed by a resolution of both houses to appoint a joint committee that will steer the process. “The spirit of the Constitution was that only the National Assembly will participate in approval of presidential appointees but the letter includes the Senate,” Majority Leader Aden Duale said.

Duale said both houses will pass a resolution to have the Yusuf Hajji (Senate) and Asman Kamama (National Assembly) committees of national security to jointly handle the vetting process.

However, the process may find another hurdle after Deputy Minority Leader Jakoyo Midiwo warned that CORD will put a spirited effort to shoot down the process on grounds that the new security laws are being contested in court.

Senators Moses Wetang’ula (Bungoma) and Mombasa’s Hassan Omar also said CORD was not comfortable with the direct nomination of Boinett.

They faulted the process, saying the IG is supposed to act in an independent manner and therefore the hand-picking of Boinett might not lead to an independent service to the people of Kenya.

“Article 245 (c) provides that IG exercises his mandate in an independent manner and by appointing Boinett without a competitive process and public participation, he might be loyal to the appointing authority,” stated Omar.

He added: “Appointments of independent office holders like the Director Public Prosecutions, Auditor General, Controller of Budgets and Chief Justice among others should be done in a collective process. There is no problem with the two houses forming a committee to vet the nominee but then there is the court case by CORD, which is contesting the new laws which allowed the President to handpick the IG,” Jakoyo said.

But Jubilee expressed confidence that CORD cannot block Boinett’s appointment; first as they don’t have numbers and secondly, due to the provisions of the law governing public appointments.

“The Public Appointments Act stipulates that 14 days after the President’s message is read in the House, if Parliament fails to either approve or reject the nominee, the person is deemed to have been appointed,” Duale added.

Senate Deputy Minority Whip Janet Ong’era and Midiwo however warned that the Constitution cannot be superseded by an Act of Parliament.

Senators affirmed that the vetting process on the appointment of the IG by Parliament will be a transparent exercise to restore public confidence in the security sector.

Deputy Majority leader (Senate) Charles Keter admitted that the joint committee by the two houses is important in giving the nominee a good opportunity to display his credentials.

“The houses may opt to adopt the existing security committees or form a joint committee comprising members from the two houses to vet the nominee,” said Keter (Kericho).

Omar and Minority Leader Wetang’ula are in agreement with Keter and Prof Kindiki on the vetting process, saying it will give both houses an opportunity to ventilate on the qualification of the nominee.

“The role of the Senate is very crucial when it comes to issues security. The vetting of the IG should not be left at the discretion of the National Assembly alone,” said Omar.

 NIS CHIEF

Wetang’ula criticised President Kenyatta and Deputy President William Ruto for trying to balkanise the country into ethnic zones, friendly to their administration.

“They decided to look for former IG’s replacement from the same community and village. This is an ethnic hog tree. They also rewarded Kimaiyo with a strategic installation of security in the country, Kenya Airports Authority as chairman yet he was resigned from the helm of the security department,” said Wetang’ula.

He continued: “It defeats sense when a State officer is rewarded with another job, yet there are others who are qualified. We have 42 tribes in this country.”

The senator accused the Government of trying in the past to remove the Senate from the vetting process of security chiefs.

He took issue with the appointment of National Intelligence Service Director Philip Kameru, whose recruitment process was handled by the National Assembly.

“Article 238 (2) (a) on the principles of national security provides that the national security is subject to the authority of the Constitution and Parliament,” he argued.

He continued, “ Article 238 (d) stipulates that the recruitment by the national security organs shall reflect the diversity of the Kenyan people in equitable propositions.”

Senate Majority Leader Kithure Kindiki said there is leadership vacuum at the moment that might force the speakers Justin Muturi (National Assembly) and Ekwee Ethuro (Senate) to convene a special sitting.

“Once Parliament resumes next month on 10th, both houses through a resolution will form a committee to vet the President’s nominee,” said Kindiki (Tharaka/Nithi).

He continued: “We are not in a dilemma. There is no confusion in the process of vetting the new IG, through a motion. We will deliberate on the matter and pass a resolution to form the vetting committee.”

Kindiki argued there was no urgency to warrant a special sitting as Deputy IG Samuel Arachi is acting until the next IG is appointed.