Reshuffle in the Kenya Police Force

[Ab-Titchaz]

GSU gets new commander as Traffic boss moved in police reshuffle

Inspector General of Police David Kimaiyo. Rift Valley regional commander Joel Mboya Kitili has been appointed the GSU commandant in a new police reshuffle affecting 55 senior officers announced Thursday.

By ZADOCK ANGIRA

Rift Valley regional commander Joel Mboya Kitili has been appointed the GSU commandant in a new police reshuffle affecting 55 senior officers announced Thursday.

Traffic Commandant Samuel Kimaru moves to Vigilance House awaiting redeployment and is replaced by Mr Charlton Mureithi from police headquarters.

The new GSU commandant replaces William Sayia, who becomes the director of the Kenya National Focal Point on Small Arms and Light Weapons.

Engineer John Ochieng who was in charge of Small Arms docket is the new commander of Police Airwing.

The fate of the former Airwing boss is not known as he has not been posted.

The deployments which were approved by a joint police service board meeting on Wednesday take effect immediately, according to a statement by Deputy Inspector General of police Grace Kaindi.

Here is the full list of the deployments.

1. Mr William Saiya Atswenje, S/DCP 1 from Commandant GSU to Director Kenya National Focal Point on Small Arms and Light Weapons
2. Mr John Patrick Owino Ochieng, S/DCP 1 from Director Kenya National Focal Point on Small Arms and Light Weapons to Commandant National Police Airwing
3. Mr Joel Mboya Kitili, DCP from Regional Coordinator Rift valley to be the Commandant GSU
4. Mr Boniface Nzioki Maingi, DCP from Deputy Commandant GSU to be the Chief Licensing Officer
5. Mr Francis Mwangi Wanjohi, DCP from CFB to Phqrs for deployment
6. Mr Charlton Murithi Muriuki, DCP from Phqrs to be the Commandant Traffic
7. Mr Abdi Hapi, S/ACP from D/CFB to Phqrs for deployment
8. Mr Samwel Kimaru Cheserem, S/ACP from the Commandant Traffic to Phqrs for deployment
9. Mr James Ikumbi Ngului, S/ACP from Deputy Director Complaints to Deputy Director Kenya National Focal Point on Small Arms and Light Weapons
10. Mr Joseph D. Kodi, ACP from GSU Training School OC Junior Training Wing to GSU Hqs SO (Q)
11. Mr Philip Ochola Opiyo, SSP from OCPD Marakwet West to OCPD Makueni
12. Mr Lawrence Mwaura Njoroge, SSP from OCPD Turkana Central (Lodwar) to CID Training School as the Chief Instructor
13. Mr Patterson Maelo Nyongesa, SSP from OCPD Narok North to OCPD Manga
14. Mr Paul Kipchumba Letting, SSP from OCPD Thika West to OCPD Narok North
15. Mr Shedrack Mutwetumo Maithya, SSP from OCPD Nyamira to OCPD Thika West
16. Mr Christopher Mshimba, SSP from OCPD Murang'a North to P/Hqrs Community Policing, Gender and Child Protection
17. Mr Johnstone L. Toroitich, SSP from Staff Officer Complaints P/Hqrs to OCPD Murang'a North
18. Mr Richard Muguai Mwangi, SSP from OCPD Matuga(Kwale) to OCPD Gucha
19. Mr Osborn Mwawaza Jombo, SSP from P/Hqrs (SO) Community Policing, Gender and Child Protection to D/OC TPU
20. Mr Ngare Riko Ngare, SSP from D/OC. TPU to OCPD Nyamira
21. Mr Joseph Mwaniki Ireri, SSP from OCPD Keiyo to OCPD East Pokot
22. Mr Sylvester M. Githungo, SSP from OCPD Imenti Central to OCPD Galole (Tana River)
23. Mr Boniface Bukhala Lisiolo, SSP from OCPD Mandera Central to OCPD Imenti Central
24. Mr Fredrick Odhiambo Ochieng, SSP from OCPD East Pokot to OCPD Keiyo
25. Mr Mathews O. Mangira, SSP from OCPD Turkana East(Lokichar) to OCPD Marakwet West
26. Mr John Osongo Ngare, SSP from OCPD Buuri to OCPD Pokot Central
27. Mr Timothy Makau Kivuva, SSP from OCPD Eldoret Airport to Deputy County Commander Embu
28. Mr Nicholas Jairus Musilu, SSP from OCPD Pokot Central to OCPD Buuri
29. Mr Michael Muchiri Nyaga, SSP from OCPD Loima to Deputy County Commander Marsabit
30. Mr Ranson Lolmodon,SSP from OCPD Manga to OCPD Githunguri
31. Mr Rashid Hulbale Mohammed, SSP from OCPD Mathira East to OCPD Dagoretti
32. Mr Joseph Munyao Kavoo, SSP from OCPD Galole (Tana River) to OCPD KAPU Airport Eldoret
33. Mr Gwiyo Juda Mathews, SSP from OCPD Dagoretti to OCPD Mathira East
34. Mr Jonathan K. Ngala, SSP from OCPD Turkana West (Kakuma) to OCPD Sotik
35. Ms Wilkister Vera Nyaiyo, SSP from OCPD Githunguri to P/Hqrs Community Policing, Gender and Child Protection
36. Mr Patrick Oduma Otsiemo, SSP from OCPD Central Nairobi to OCPD Matuga (Kwale)
37. Mr Apollo Wanyonyi, SSP from OCPD Kirinyaga South to OCPD Embakasi
38. Mr Titus Kyengo Yoma, SSP from OCPD Langata to OCPD Kirinyaga South
39. Mr Christopher Akello Odhiambo, SSP from OCPD Embakasi to Phqrs SO(Inspections)
40. Mr Charles K. Keitany, SSP from Traffic OC HPU to be OC Junior Training Wing –GSU Training School
41. Mr Richard Kiprotich Ngetich, SSP from OCPD Gucha to OCPD Kakamega Central
42. Mr Joshua Kinyamal Ole Leina, SSP from OCPD Makueni to Deputy County Commander Machakos County
43. Mr Henry Kiambi M' itunga, SSP from OCPD Sotik to Deputy County Commander Tana River County
44. Mr Elijah Mwangi Maina, SSP from OCPD Marakwet East to OCPD Langata
45. Mr Fredrick Muthama Lai, SSP from OCPD Kakamega Central to be OCPD Central (Nairobi County)
46. Mr Jack N. Ekakoro, SP from Police Headquarters (Operations) to D/C.O GSU Headquarters Sub Unit
47. Mr Evans Kisiangani Wanyonyi, SP from D/OCPD Dagoretti to Police Headquarters (Operations)
48. Mr Benjamin Kioko Nyamai, SP from D/OCPD Buruburu to OCPD Loima
49. Mr Julius Musyoka Kyumbule, SP from D/OCPD Central (Nairobi County) to OCPD Marakwet East
50. Mr David Nyabuto Ogetii, SP from D/OCPD Turkana West (Kakuma) to OCPD Turkana West (Kakuma)
51. Mr Joel Kirui, SP from D/OCPD Nyando to OCPD Turkana Central (Lodwar)
52. Mr Peter Okiring, SP from D/OCPD Ndhiwa to OCPD Mandera Central
53. Mr Martin Asin, SP from Phqrs Personnel Directorate (SOP 5) to D/OCPD Central (Nairobi County)
54. Mr Nichodemus Ochola, SP from SOB Kigumo to D/OCPD Buruburu(Nairobi County)
55. Ms Elizabeth Chebet, Ag.SP from SOB Kirinyaga Central to D/OCPD Nyando.

GSU gets new commander as Traffic boss moved in police reshuffle - News - nation.co.ke

 

[Ab-Titchaz]

Open letter to David Kimaiyo, Inspector General of the National Police Service of Kenya

Dear Inspector General of Police, David Kimaiyo

Re: No Powers to transfer and or promote Police officers

The above subject refers.

I have stated in the past that the process of removing you from office is long overdue. I reiterate it today.

It is emerging that on Thursday March 20, 2014 you effected changes in the National Police Service unconstitutionally and unprocedurally. TheHigh Court of Kenya on January 2014 interpreted and reasserted the constitutional position on this matter.

Hereby below are excerpts from the court ruling.

The High Court acknowledged that under Article 245 of the Constitution, the Inspector General of Police is empowered to exercise independent command over the National Police Service, and perform any other functions prescribed by national legislation.

However, Article 246 sets out the National Police Service Commission (NPSC) and gives it powers to recruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions and transfers within the National Police Service.

It also empowers the commission to exercise disciplinary control over officers and remove persons holding or acting in offices within the service.

The Court observed, "It is, therefore, clear that the powers to determine promotions and transfers within the National Police Service was given to the commission and any legislation, which purported to take away such powers and place them on any other body would have been inconsistent with the Constitution since to create two centres with the same powers was bound to cause confusion in the administration of the police service.

The court added, "Kenyans must have had a good reason for removing the powers of transfer of the members of the service from the predecessor of the Inspector General, the Commissioner of Police, to the commission.

Since the Inspector General is a member of the commission, it is expected that where a need for transfer of the members of the police service arises, he would be able to explain this position and the commission would be able to take appropriate steps."

Court concludes, "Reading Article 245 of the Constitution, it is clear that the drafters of the Constitution deliberately left out transfer as one of the powers, which the Inspector General exercises without directions from any one. Therefore, the powers of transfer of members of the service were reserved to the commission.

It would appear that there is a difference between members of the service and offices of the service and their source of appointments are also separate".

The Court concluded that there was no power given to the Inspector General to transfer the 30 officers hence the move, whether termed as deployment or otherwise, was not supported by the supreme law of the land.The only powers, which the Inspector General could exercise, were the powers to assign the members of the service particular duties.

The Court declared your action as "above the legal authority of the Inspector General and declared it null and void".

If you are citing rising on insecurity to conduct unconstitutional functions, the court had this to say, "In the court's view, the alleged reports and complaints of malpractices and corruption by the Kenya Highway Authority cannot be resolved by transfer and deployment".

It added, "To transfer police officers who are suspected of corruption in my( court) view only amounts to devolving corruption and malpractices and cannot be said to amount to an effort to eliminate corruption. This country has adequate machinery to deal with such malpractices and corruption and transfer and deployment do not form part of them. Where there is evidence of malpractice or corruption, appropriate legal action ought to be taken against the culprits other than transferring them to other areas."

The court had a free advice to you thus, "It's important that the Inspector General of Police and the commissioners of the National Police Service Commission work together for the well being of this nation. They must remember that under Article 129(2) of the Constitution, executive authority shall be exercised in a manner compatible with the principle of service to the people of Kenya, and for their well-being and benefit.

If the two offices do not exercise their authority in a manner compatible with the principle of service to the people of Kenya and for their well-being and benefit, they would be going contrary to the principles of the Constitution.

It is, therefore, hoped that sobriety will prevail between the said authorities and they will avoid political expediency, popularity gimmicks, chest-thumping or competitive streaks that this country has been treated to in recent past."

Based on this Court ruling and provision of the Constitution, show cause why procedure of your removal as provided in the Constitution cannot proceed. You disregarded Court ruling. Recall what Chief Justice Dr. Willy Mutunga told you during your swearing in to the office.

Thank you

Mr Wainaina is the Executive Director of International Centre for Policy and Conflict, ICPC-K.