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Nairobi, Kenya: The Opposition has asked Deputy Inspector General of Police (DIG) Grace Kaindi to ignore President Uhuru Kenyatta’s directive and remain in office.
The Coalition for Reforms and Democracy (CORD) yesterday termed the President’s decision to drop Kaindi unconstitutional, arguing that her tenure is guaranteed in law.
Four CORD legislators led by Orange Democratic Movement (ODM) party Chairman John Mbadi (Suba) urged Uhuru to rescind his decision which they said was ill-advised.
And the Federation of Women Lawyers Kenya (FIDA Kenya) has threatened to go to court to challenge Kaindi’s removal, which they also termed unconstitutional.
In a statement, FIDA said the move by the President was not only a demotion to Kaindi but also a setback to the gains made by women in Kenya.
“The due process for removal of a Deputy Inspector General is well spelt out in the Constitution and the National Police Act and must be followed by the President who swore to defend and uphold the spirit and the letter of the Constitution,” read the statement.
FIDA Kenya Chairperson Ruth Aura said it is disturbing for the President to replace the DIG with a man, Mr Ben Joel Mboya Kitili, at a time when Kenya is grappling with gender disparity.
“The Jubilee manifesto proclaimed support for women leadership in Kenya. This decision, albeit temporary, lacks gender consideration as well as respect for competency and educational qualification for the office holder,” Aura said.
Disregarded Constitution
The CORD MPs insisted that Kaindi cannot be hauled out of office without following the laid down procedures and claimed the President blatantly disregarded the Constitution, which he swore to uphold with his action.
“The President has decided to declare the office of the DIG vacant without adhering to the procedures in law. This is illegal and a violation of the National Police Service (NPS) Act and the Supreme law,” said Mbadi.
He continued, “Sections 17 and 20 of the Act are very clear on how the IG and DIGs can be removed from office. It can also be done through the National Police Service Commission through a petition on very serious grounds.”
Mbadi, who was addressing journalists alongside Nicholas Gumbo (Rarieda), Peter Kaluma, (Homa Bay Town) and Jerad Opiyo (Awendo) at Parliament Buildings, urged the Head of State of rescind his decision.
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“What the President has done is illegal and outside the law. If we allow the President to continue removing constitutional office holders, it will be a recipe for chaos. The threshold must be very high by ensuring the President does not abuse the powers he has,” said Mbadi.
Gumbo claimed the speed with which the Government removed Kaindi, shows that somebody is not comfortable with her.