Defense Cabinet Secretary Nominee Aden Duale has supported President William Ruto’s choice of Japheth Koome as Inspector General of Police.
Duale defended the president amidst varied opinions on the constitutionality of the move.
Moreover, on Tuesday, September 27, the head of state announced that he had nominated Koome, to succeed Hillary Mutyambai who had retired over health-related issues
Japheth Koome is currently the Commandant of the National Police Service College, Kiganjo.
Nevertheless, the Garissa Town Member of Parliament argued that the move by the president is within the ambit of the law.
“From a reading of Article 245 of the Constitution as read with sections 9 and 12 of the Act, the nomination of the IG was done in accordance with the law,” Duale tweeted.
According to Duale, Article 245(2)(a) of the Constitution provides that the IG is appointed by the President with the approval of Parliament.
In addition, the legislator said the law has further been replicated in section 9 of the National Police Service Act, 2011.
“Section 12 of the Act provides for the procedure of appointment and provides in subsection (2) that “within fourteen” days of the occurrence of a vacancy the President shall nominate the IG and submit the name to Parliament for approval,” he added.
Meanwhile, a petitioner has filed a suit challenging Koome’s nomination, terming the move unconstitutional.
According to Magare Gikenyi Benjamin, a Nakuru-based Consultant Trauma and General Surgeon, the nomination of Koome by the president should be stopped for the sake of what he termed the rule of law.
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The petitioner argues that Koome’s nomination by Ruto poses a threat to independent institutions.
“THAT article 3 of the constitution states that every person has an obligation to respect, uphold and defend this Constitution. THAT from the foregoing, this action of the president of the Republic of Kenya and/or the respondents will lead to inter alia loss of public confidence, anarchy, outright abuse of power against independent institutions,” Magare said.
Nonetheless, as the debate on the legality of Ruto’s pronouncement rages on, there is no provision forbidding the Head of State from making his preferred choice public.
