Why Group has Challenged Kanja’s Appointment as IG in Court

A group of activists has challenged the appointment of Douglas Kanja as the Inspector General of police over allegations that he was not subjected to a competitive recruitment process.

The group led by Busia Senator Okiya Omtatah, Eliud Karanja and Dr Magare Gikenyi told Justice Bahati Mwamuye that Kanja was not the qualified candidate for the position.

They cited Section 86 of the Security Laws Amendment Act (SLAA) which amended Section 12 of the National police service act on the appointment of the IG.

The amendments deleted the elaborate procedure in subjecting a candidate to a competitive process.

“In its place it enacted the appointment of the IG through the pleasure doctrine, where the president, using an undisclosed criteria, headhunts and picks an individual to be appointed as IG with the approval of Parliament,” said the petitioners.

The appointment they explained is a political process by the political arms of the government with no requirement for professional input.

This according to the petitioners has resulted in the reduced public confidence in the police service.

“The challenged changed undermined police independence and accountability. They have fueled widespread and systemic police corruption, criminality and widespread human rights violations,” said the petitioners.

Justice Bahati Mwamuye who certified the matter as urgent issued an order compelling the respondents in the case to collect, and preserve all information and documents they among other public bodies are holding relating to the suitability, nomination, vetting, approval and appointment of Kanja.

The respondents in this case are AG, National Assembly, the Senate, Independent Policing Oversight Authority (IPOA), National Police Service Commission, Kenya National Commission for Human Rights and Kanja himself.

The judge directed the petitioners to serve the application on the respondents ahead of a physical court hearing on October 15.

Kanja took over as the IG last week after two months waiting and vetting. He is the fifth IG under the 2010 Constitution.