The rise in arrests was attributed to disputes over police promotions. LSK President Erick Theuri called upon the Office of the Director of Public Prosecution (ODPP) to safeguard the rights of advocates involved in such cases. Mr. Theuri claimed that the Inspector General of Police, Japhet Koome, had violated the Constitution by promoting 514 officers unprocedurally.
“We are concerned that this growing trend is intended to impede our members’ ability to provide competent services to the public. The actions threaten the rule of law and the administration of justice,” said Mr. Theuri.
Theuri stated that the trend of unlawful arrests aimed to hinder the advocates’ ability to provide competent legal services to the public, thereby threatening the rule of law and the administration of justice. He criticized the actions of the Inspector General, calling him uncontrollable and accusing him of assuming powers beyond his authority. Theuri announced that the LSK would petition the appointments in order to allow the High Court to challenge the Inspector General’s actions, potentially leading to his removal from office.
“Such actions demonstrate that the IG is uncontrollable, that he has taken on and assumed powers that he does not have, and therefore, it renders all of us unsafe because he cannot restrain himself,” stated Mr. Theuri.
The stalemate between the Inspector General and the National Police Service Commission (NPSC), which accused Koome of overstepping its mandate, prompted those affected by the promotions to seek the intervention of President William Ruto.
On June 11 2023, IG Koome directed police officers not to apply for promotions advertised by the NPSC. NPSC Chairman Eliud Kinuthia had previously threatened to discipline promoted officers whom he believed had followed unlawful orders.
In the meantime, Senator Okiya Omtatah and activist Michael Otieno filed a petition in the High Court challenging the promotions made by the Inspector General. They argue that Japheth Koome did not follow the correct procedure in promoting the 514 police officers and are seeking a suspension of the promotions.
Senator Omtatah claimed that the officers who were promoted were selected in an arbitrary manner and exhibited a significant bias towards two specific communities. He further claimed that the promotions were influenced by personal connections, favoritism, and familial ties to senior officers within the police force.
Furthermore, he argued that some of the individuals who benefited from these promotions had not fulfilled the mandatory requirement of serving a minimum of three years in a particular rank before being promoted to the next level. These allegations further add to the concerns raised by the lawyers regarding the lack of transparency and adherence to established procedures in the promotion process.
Mr. Omtatah asserted that the IG violated the constitution and the National Police Service Act by bypassing the National Police Service Commission, which is responsible for recommending promotions of police officers hence “caused a turf war between the IG and NPSC with bare knuckles public fight which has split the police service down the middle.”
According to the senator, the IG cannot act unilaterally in appointing and promoting police officers because he is part of the nine-member commission that sits and decides on promotions, welfare, and other personnel matters.
The senator now wants Chief Justice Martha Koome to appoint a three-judge bench to determine the confusion created by Article 245(4)(c) of the constitution which states that no person may give a direction to the IG in the employment and promotion of officers and Article 246(3)(a) which vests the power of appointments and promotion to NPSC.
