The Employment and Labour Relations Court Tuesday quashed the appointment of Bernice Sialaal Lemedeket as Principal Administrative Secretary (PAS) and Accounting Officer of the National Police Service (NPS).
Nakuru surgeon Dr. Magare Gikenyi had filed a petition challenging Sialaal’s appointment saying the position of PAS does not exist in Kenya’s Constitution.
He added president William Ruto did not initiate public participation in its creation.
Dr. Gikenyi argued that the position would only be a waste of public resources since the PAS would be acting as an Accounting Officer, a role that is already under the docket of the Principal Secretary of any State department.
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“It is in the interest of justice that appointment of the Principal Administrative Secretary to the government be declared an illegality and a nullity since the same is aimed at rewarding the major ethnic community and men to the chagrin of women, people with disabilities and other ethnic communities in the country who are considered ‘un-important,’” the petitioner said.
The Attorney General, in his responses, said the PAS office was legally created and competitively filled by the National Police Service Commission (NPSC) and not the President as alleged by Dr. Gikenyi in her petition.
“In pursuit of financial autonomy recommended in numerous publicly available reports including the Ransley Report and the Waki Report, and independence guaranteed by the Constitution under Article 245 of the Constitution of Kenya, the commission while observing due process established the office of the Principal Administrative Secretary within the National Police Service structures to capably deal with the financial accounting at the National Police Service and therefore vide minute 211/10/2022 the Commission during its meeting held 05.10.2022 created the office of the Principal Administrative Secretary and accounting officer of the National Police Service,” stated the AG.
However, Justice Byram Ongaya, in his ruling, agreed with the petitioner that the establishment of the PAS position and its subsequent taking over of duties of Accounting Officer have no legal standing hence unconstitutional, null and void.
The court quashed the government’s gazette notice on the purported announcement of Bernice Sialaal as PAS of the NPS, further barring her from assuming any assigned roles pertaining to the position.
The added the Inspector General is the Accounting Officer of the NPS, and shall continue undertaking the said roles and responsibilities.
“It was an appointment to a fictitious office that had not been established at all,” the verdict read in part.
“The order of judicial review by way of certiorari is hereby issued and quashing the respondent’s press release and or gazette notice No. 14712 and or any document of the purported nomination.”
He said the IG is by law assisted in that role by deputy IGs of the Kenya Police Service, the Administration Police Service and the Director General of criminal investigations.
“The petitioner is awarded costs of the petition payable by the first respondent and the other parties to bear their own costs of the proceedings,” the judge ruled.
Sialaal was appointed by President William Ruto on November 2, 2022
Until her appointment, Sialaal had been working at the Kenya Pipeline Company Corporation Foundation as Corporate Social Responsibility Manager.