The High Court has temporarily barred the Head of Public Service Felix Koskei from suspending 67 police officers over graft claims pending the hearing and determination of the case.
Through lawyer Danstan Omari, the complainants sought orders halting Koskei’s directive, claiming that since they were not informed of the intention to suspend them, it would also violate their right to fair administrative proceedings.
Justice Chacha Mwita granted the orders.
“A conservatory order is hereby issued restraining the respondents from implementing the directive communicated through the letter dated November 10 by the first respondent recommending the suspension of the interested parties until further orders of this court,” Justice Mwita said.
The matter will be heard on November 23.
Read: List of 67 Police Officers Suspended Over Graft Allegations
Last week, Koskei directed Inspector General of Police Japhet Koome to suspend the 67 police officers following the recommendation of the Ethics and Anti-Corruption Commission (EACC).
The anti-graft agency on November 10 said the officers had received kickbacks and were involved in malpractices.
“Section 42(7) of Leadership and Integrity Act provides that; Subject to the Constitution and any regulation for enforcement of the Code of Conduct, a State/public officer may be suspended from office pending the investigation and determination of allegations made against the state/public officer where such suspension is considered necessary,” said EACC CEO Twalib Mbarak.
The officers will receive half their salaries for the entirety of their suspension in line with Regulation 25(3) of the Leadership and Integrity Act.
“Consequently, we recommend that you consider evoking the afore cited legal provision and suspend the 67 police officers whose details appear on the attached list to pave way for investigations,” Mbarak said.
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