The Police Reforms Working Group (PRWG) on Wednesday, August 2 called out Health Cabinet Secretary Susan Nakhumicha for ordering the transfer of Matisi OCS within Trans-Nzoia County.
In a press statement, PRWG stated that the National Police Service Commission (NPSC) is the police employer, in charge of the human resources functions.
“We reiterate that the Commission draws its powers and functions from Article 246 of the Constitution, which gives it powers to recruit and appoint persons to hold or act in offices in the Service, confirm appointments, determine promotions and transfers, and exercise disciplinary control over and remove persons holding or acting in offices within the Service,” read part of the statement.
Further, the PRWG reminded all police officers and commanders of the provisions of the constitution, the law and the Service Standing Orders with regard to legitimate orders or commands and urged them to only obey a lawful command.
In addition, PRWG criticized CS Nakhumicha for making such an order although it is not within her docket.
While making the pronouncement, CS Nakhumicha argued that the government has taken a ‘one government approach’ which gave her the powers to make sweeping decisions on behalf of colleague CSs.
“We remind the CS, and all state and public officers that public lynching is not part of the principles of security governance nor of policing in our democracy. The Constitution of Kenya entrenches a culture of accountability.
It includes democracy and people’s participation, the rule of law, inclusiveness, social justice, and human rights among the national values and principles of governance,” said PRWG.
Also Read: CS Nakhumicha Orders Transfer of OCS Within 24 Hours
PRWG Demands
PRWD demanded that State and Public Officers are to respect the rule of law and abide by the Constitution of Kenya.
“The NPSC stamps its authority regarding its mandate and jealously protects it.
The sovereign people of Kenya gave them that mandate, and they are the only ones who can remove or reallocate such powers,” said PRWD.
Additionally, PRWG directed the Inspector General of Police to ensure he exercises full command and control of the Service, including denouncing public lynching of police officers as witnessed in Matisi.
PRWG said they have supported and advocated for police reforms since the promulgation of the 2010 Constitution.
For this reason, they are conscious of the police reform journey especially concerning where we came from and where we want to go as a country.
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Nakhumicha Order
Nakhumicha on Saturday, July 29 called for the immediate transfer of the OCS, following the death of a popular bouncer in Kitale, nicknamed as Terminator.
Additionally, the CS maintained that she needed no permission from anyone in government to order the transfer of the said police officer.
“Interior CS Kithure Kindiki must not be physically present here to transfer an OCS. I am a CS in President William Ruto’s government and I hereby order that the County Commander ensures that Matisi OCS leaves by evening Sunday, July 30, “she said.
CS Nakhumicha said she would report to Prof Kindiki the action she took emphasizing that it was not a laughing matter.