A planned press conference by National Police Service Commission chairman Eliud Kinuthia was canceled at the last minute.
This followed two calls made to him on Tuesday morning in which insiders warned him against his moves.
“He was called and told to cancel the event which he obliged.
The rest is history,” said an insider.
Kinuthia planned to hold the presser to oppose dozens of promotions that had earlier been announced by Inspector General of Police Japhet Koome.
However, the meeting at a hotel in Shanzu was canceled with no explanation.
Koome, his Deputy Inspector General of Kenya Police Douglas Kanja, and Administration Police’s Noor Gabow are members of the commission.
They had announced the promotions amid differences between the uniformed members with Kinuthia and some commissioners within the commission on how things should be run.
They Monday announced the promotions of dozens of officers and allowed them to wear the new insignia.
They even sent letters to the affected officers informing them of their new ranks and congratulating them.
The IG sent a list to the commission offices in Westlands informing the chairman of the ranks, which needed ratification.
The differences came out Monday after Koome announced the promotions which saw General Service Unit Commandant Eliud Lagat, Deputy Director of DCI Nicholas Kamwende and head of Investigations at DCI Abdallah Komesha promoted to the rank of Senior Assistant Inspector General of Police (S/AIG).
Also promoted was Internal Affairs Unit (IAU) Director David Birech.
All new regional police commanders were promoted to the rank of Assistant Inspector General of police.
National Police Service spokesperson Dr Resla Onyango, Nairobi regional police commander Adamson Bungei, Mombasa’s Peter Kimani, North Eastern’s Tom Muriithi, and Eastern’s Joseph Napeiyan were promoted to the rank of AIG.
Dozens of other officers in the Administration Police and DCI were promoted to various ranks.
Among those promoted to the rank of Commissioner of Police include DCI head of Economic Crimes Unit Abdullahi Shuria, Kiambu head of DCI Richard Mwaura, deputy head of forensics Anthony Muriithi, director of counter-terrorism at NPS Dennis Omunyiri, Lawrence Some, Jimmy Kisobo, head of Serious Crimes at DCI Michael Sang, head of Operations Support Unit Zachary Kariuki Kiago, Lawrence Knthiwa, Simon Kipruto, Sophia Kinoti, Janet Shako, Peter Ngundo, Gillon Gitau, Geoffrey Chania and Abraham Mugambi.
All DCIOs in Nairobi were promoted to the rank of Senior Superintendent of police.
They include Abdirashid Yakub (Kilimani), Charles Ate (Langata), Patrick Gikunda (Dagoretti), Harold Kimaro (Kasarani), Robert Muriithi (Central), Paul Mwenda (Kiambu), Stephen Mutua (Embakasi), Martin Korongo (Makadara) and John Mutonga (Kisii Central).
But Kinuthia termed the move null and void announcing he had nullified the changes.
Insiders say the fighting is out of a misunderstanding of the law, which has now seen tens of pending promotions lying unattended.
The group of commissioners led by Kinuthia have protested and accused others of usurping their mandate.
They say Koome’s decision on the promotion and recruitment of officers is illegal.
Koome has been transferring police officers, which has angered Kinuthia and his group.
They now accuse IG of usurping its human resource functions. But Koome said the constitution gives him the powers.
Some of the NPSC commissioners, while appearing before the National Assembly’s Constitutional Implementation Oversight Committee (CIOC) on May 30, said in their endeavor to execute their mandate, faced several challenges and impediments, including the IG’s refusal to implement their decisions.
The commission said the ministry has been usurping its constitutional mandate without consultation.
NPSC chief executive Peter Leley and his members met the committee to highlight its progress in fulfilling its mandate as outlined in the Constitution, enabling legislation, and developing regulations and policies.
The Commission maintained that Koome was subordinate to NPSC and should fully comply with the legal policy, and institutional regulatory framework guiding the team’s human resource functions.
Commission’s major grievance is that Koome has single-handedly made decisions on appointments and promotions without involving them.
By virtue of his position, IG and his deputies are members of the commission.
“The Inspector General of Police has severally cited Article 245(4) of the Constitution as the reason for not implementing decisions of the commission on recruitment, appointments, confirmation in appointments, dismissal, transfers, and promotions,” the commission told the House team.
They further noted that Koome’s actions had resulted in numerous irregular and unprocedural decisions with ethical, legal, and public finance management implications.
Some commissioners claimed Koome was dishing out promotions to cronies without following any competitive criteria and without a determination by the commission.
They accuse him of exploiting a provision in the Constitution that requires him to run the commission “independently.”
According to NPSC, the ‘commission’ referred to in Article 246(1) whose functions are stipulated in 246(3)(a) is not a person but a civilian authority to which National Police Service is subordinate.
Under Article 246(3), the functions of the commission include “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.”
Article 239(5) stipulates that the national security organs are subordinate to civilian authority.
The Commission also told CIOC that the perception of the office of the IG as being independent has affected his performance.
“This will in the long run affect service delivery for the citizen and may prolong the time he takes to settle down.
“The commission, thus, recommends implementation of a performance contract and evaluation for officers of senior ranks on HR-related matters,” NPSC recommended.
NPSC said the perceived overlapping mandates were as a result of wrong and selective interpretation of the Constitution.
The Constitution expects the IG to exercise independent command over the Service.
Article 245(4) states that the Cabinet Secretary responsible for police services may lawfully give a direction to the IG with respect to any matter of policy for the service.
Constitution further states that no person may give a direction to the IG with respect to the investigation of offenses, enforcement of the law against any person, or the employment, assignment, promotion, suspension, or dismissal of any member of the service.
NPSC, however, maintained that the “no person” envisaged in Article 245(4) is in reference to Cabinet Secretary.
“The CS may give instructions to IG but not on matters that are a reserve of the commission,” Leley said.
The commission has now warned that HR management decisions made by the Inspector General for officers and civilian members of staff without determination and approval are unethical, illegitimate, and vulnerable to litigations and subject to financial management discrepancies in audit queries, employees’ pension and psychosocial wellbeing of the police officers.
“Any interference with the payroll management and administration without commission approval is contrary to Leadership and Integrity Act 2012 and Article 10, 232 of the CoK on values and principles of good governance of public service.”
