Kaindi hits out at Uhuru in court over her removal

Ousted deputy Inspector General of Police Grace Kaindi has taken on President Uhuru Kenyatta over her replacement, terming State House announcement of her retirement illegal and a roadside declaration.

Ms Kaindi has sued over her ouster and is seeking court orders to stop General Service Unit (GSU) Commandant Joel Kitili from replacing her.

The court fight adds a new twist to the replacement of Ms Kaindi, who was Friday forced out of office after an embarrassing three-day stand-off pitting her against top government security chiefs.

“In effecting the transfer or retirement, the President was usurping the powers of the National Police Service Commission as enshrined in the Constitution of Kenya,” said Ms Kaindi through her lawyer Jesse Oduor.

“That the said decision was never put on paper amounts to a roadside declaration against the law,” she added.

The announcement of the changes were made on September 1 evening by State House, but Ms Kaindi declined to vacate office demanding to be given an official discharge letter from the National Police Service Commission (NPSC).

Section 17 of the NPSC Act requires one seeking the removal of the DIG to petition the commission, which will investigate and recommend through a two-thirds majority of commissioners the removal of the holder to the President.

Ms Kaindi wants the appointment of Mr Kitili in an acting capacity and her transfer to an unnamed diplomatic posting frozen.

“My alleged removal from office and the manner in which I was ejected offends the very constitution which was used to appoint me and to govern this country. The President did violate the Constitution which he swore to uphold and protect,” she said, arguing that the law does not provide for an acting deputy Inspector General.

But High Court judge Joseph Onguto declined to grant her the orders and offered to issue further directives on September 16 after Ms Kaindi has presented case documents to the NPSC and the Attorney- General.

READ: Nkaissery says no senior woman to replace Kaindi

The judge only directed that the case documents be given to the NPSC and the AG and that further directives to be issued on September 16.
Ms Kaindi reckons that the changes were also in breach of the gender law.

The law requires that one of the three positions of the Inspector-General and the two Deputy Inspector-Generals be of opposite gender, which is also a point of concern for the Opposition.

Joseph Boinett is the Inspector-General while his other deputy is Samuel Arachi, who is also the Administration Police (AP) Commandant.

NPSC chairman Johnstone Kavuludi says the commission recommended the replacements on the advice of Mr Boinett.

Mr Kavuludi stressed that Ms Kaindi retired after hitting the mandatory age of 60, a claim she refutes.

Ms Kaindi had earlier contested NPSC’s earlier directive for her to retire, forcing the commission to reverse the decision and asked her on June 15 to continue serving until January 2018.

“The Deputy Inspector General has a five- year contract, which is due to end in 2018 hence the purported transfer is in violation of the said contract of employment,” said Ms Kaindi.