Legal and governance experts in Trans Nzoia have said Health Cabinet Secretary Susan Nakhumicha does not have powers to transfer a police officer.
The CS on Saturday directed Officer Commanding Matisi Police Station (OCS) John Thuo to vacate the station on allegations that he was incompetent.
But in an exclusive interview with Uasin Gishu News, Douglas Ateka, a legal expert in Kitale said Nakhumicha overstepped her mandate as a Cabinet Secretary in charge of country’s health docket.
“She has no powers whatsoever within her docket as she is in charge of health and not security in this country. The CS clearly overstepped her mandate, she went ultravires,” Ateka said.
The legal expert further said the declaration made at a burial event did not follow the proper administration process. According to him, it can be interpreted to mean she was making a political statement to please mourners.
“The roadside declaration was more of a Public Relations exercise and if at all she had the express instructions from the Interior CS, was that the right forum to make such declarations? Absolutely no,” he added.
National Police Service Commission mandate
In addition, Ateka stated that the mandate of recruitment and appointment of persons to hold or act in offices within the National Police Service, including confirming appointments, determination of promotions and transfers within the service is vested on the National Police Service Commission (NPSC).
“What she did is purely the work of National Police Service Commission as per the National Police Service Act. Even if the declaration was made by Prof. Kithure Kindiki himself, the person to effect the directive is the Inspector General of Police,” noted the legal expert.
The directive has since elicited a heated debate amongst social media users in Kenya.
But Ateka argues that the said OCS is within the law to challenge the transfer in a court of law.
“That is abuse of office and the CS is being drunk with powers to the extent that she does not know her job description,” he added.
Jeremiah Njuguna, a political analyst in Trans Nzoia who is also a governance expert on his part said Nakhumicha was advancing a political narrative.
“Politically speaking, she is right with the backing of the President though she mentioned Kindiki. Legally speaking she is also right because she said it verbally and not in writing promising to bring the matter before Kindiki for action,” Njuguna said.
“The CS played two card; one she invoked her power as a member of the cabinet, secondly she is a resident of Trans Nzoia, let’s not forget that she contested for a constitutional office in the last election” he added.
Article 246 (3) of the Constitution mandates the National Police Service Commission powers to recruit and appoint people to the serve, confirm appointments, and determine promotions and transfers within the NPS.
