CJ defends decision to swear in police bosses

Chief Justice Willy Mutunga. Photo/FILE  NATION MEDIA GROUP

By AGGREY MUTAMBO amutambo@ke.nationmedia.com
Posted  Thursday, February 14  2013 at  00:30

IN SUMMARY

• The CJ said he had “taken notice” of the public controversy that followed the appointments, and called a meeting between himself, the President and the Prime Minister to help solve the matter. The Inspector General of Police David Kimaiyo and Attorney General Githu Muigai were also invited.

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Chief Justice Willy Mutunga on Wednesday defended his decision to swear in two deputy police chiefs and the Director of the Criminal Investigation Department despitecontention from Prime Minister Raila Odinga.

Dr Mutunga said he had not been barred by any court order which would legally have been the basis to stop him from swearing in Deputy Inspectors General Grace Kaindi and Samuel Arachi and CID Director Ndegwa Muhoro.

“Had there been a case questioning the propriety of the process of appointment or the integrity of any appointee, and an order had been issued restraining me from proceeding with the swearing in, I would have deferred to the court until the matter is resolved,” he said.

“In the absence of such an order, I must perform my administrative duties transparently, always bearing in mind that any person or institution that may have reservations can always lodge a challenge in a court of law.”

On January 25, Prime Minister Raila Odinga opposed the gazettment of the two deputies by President Mwai Kibaki. Mr Odinga rejected the appointments of Ms Kaindi and Mr Arachi as deputy inspectors general and that of Mr Ndegwa Muhoro as CID director on the basis that the appointments were unconstitutional and the integrity of the three was questionable.

But the Head of Public Service Francis Kimemia told the Nation that the three had been cleared by various government bodies investigating their conduct.

The three had passed through the procedure given by the law which demands that they be approved by Parliament. However, Mr Odinga declared the gazettement unconstitutional because he had not been consulted.

Ms Kaindi was to deputise the Inspector General for the regular police while Mr Arachi was to take the same role for the Administration Police.

On Wednesday, the CJ said he had “taken notice” of the public controversy that followed the appointments, and called a meeting between himself, the President and the Prime Minister to help solve the matter. The Inspector General of Police David Kimaiyo and Attorney General Githu Muigai were also invited.

The meeting did not take place and although the CJ did not elaborate on why it failed, he said he requested the office of the President, PM and the AG to furnish opinions concerning the matter.

However, Dr Mutunga said he had sought advice from within the judiciary and decided he “cannot sit in judgment of the appointees.”

“However, I remain conscious that in performance of my administrative duties as a State Officer, where there is manifest violation of the constitution or the law, I have an obligation to protect and uphold the Constitution.

“Controversies that are not that clear-cut fall in the province of the courts of law to adjudicate on their constitutionality and legality,” he said.