Is CS Kindiki On Collision Path With IG Koome? – Experts explain

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Cabinet Secretary of the Interior, Kithure Kindiki’s plan to give chiefs more powers raised concerns among several stakeholders about whether he was overstepping his mandate and the role of Inspector General (IG) Japhet Koome.

On Thursday, November 17, the CS announced plans to assign five police officers to each chief, in line with the Kenyan government’s Kwanza plan to implement changes in the security sector and improve services.

Kenyan.co.ke various experts have been called in to check whether the CS is guilty of illegality with the statements, since the IG has been instructed to lead the police.

Constitutional attorney, Senior Counsel Charles Kanjama, indicated that the context of Kindiki’s statements should be analyzed before determining whether he was acting outside his mandate.

Interior CS Prof Kithure Kindiki at a press with administrators in Mtwapa, Kilifi County on Nov 16, 2022.

Ministry of Internal Affairs

Kanjama stressed that Kindiki had a responsibility to make policy regarding the police. However, he did not have the power to make the changes.

“At the first level, the CS has responsibility at the policy level, then at the second level at the Police Commission, which is an independent body and has a constitutional mandate to oversee the National Police (NPS).

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“At the third level, we have the Inspector General of Police, who, according to the Constitution, is in independent command of the police service,” he stated.

In addition, he claimed that CS’s language and approach in communicating the policy would also determine whether the directive was unconstitutional.

“It’s a matter of terminology you use when you talk about the proposal. It should look like you’re the one doing it.

“You have to demonstrate your involvement with the stakeholders,” he said.

In this case, Kindiki argued that the CS’s comments were a proposition rather than an order. Therefore, he did not overstep his role.

Nevertheless, he added that it was important for the government to establish clear structures to outline the deployment of police and chiefs.

In particular, he wondered whether it would be the chiefs who instruct the police against the spirit of the constitution.

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Interior CS Prof Kithure Kindiki arrives in Mtwapa, Kilifi County on November 16, 2022.

Interior CS Prof Kithure Kindiki arrives in Mtwapa, Kilifi County on November 16, 2022.

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Ministry of Internal Affairs

“It will become unconstitutional because the police will be under civilian rule in their day-to-day operations,” he said.

Notably, similar changes have been proposed by the government in 2019 through amendments to the National Police Service Act. The aim of the bill was to give the State Police command over the State Police.

However, the move was opposed by civil society organizations, who declared the move unconstitutional. In a statement, Amnesty International-Kenya indicates that the police cannot be placed under civilian administration.

“The order, according to the constitution, is reserved to the authority of the IG alone.

“To the extent that the proposed inclusion is intended to justify interference with TBEN command of the IG outside or in violation of the stated constitutional provisions, it is unconstitutional,” the statement read in part.

Then Majority Leader and current Defense Force CS Aden Duale and Demas Kiprono of the Police Reform Working Group also spoke out against the bill.

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“I can only receive a bill, if it is government sponsored, from the Attorney General’s office. Such bills must be approved by the Cabinet with a clearly attached memo with a covering letter from the AG’s office stating it explained,” Duale stated, clarifying that the proposal was not government sponsored.

Meanwhile, while explaining why he was trying to empower the leaders, CS Kindiki explained that the move would not create authoritarian rule.

“We are also grappling with other unique security challenges, but five police officers per capita should be deployed, subject to the adjustment we want to make to ensure that police are also deployed on critical national security issues,” he said at a rally in Mtwapa , Kilifi County on Nov. 17.

The next day, at an event in Samburu County, he further announced plans to train and arm leaders in unstable areas.

Kithure Kindiki

Home Affairs and National Administration CS Prof. dr. Kithure Kindiki at a meeting with reservists in Samburu County on Friday, Nov. 18.

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