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Did President Ruto violate the constitution in appointing Japheth Koome as Police IG?

Did President Ruto violate the constitution in appointing Japheth Koome as Police IG?

Did President Ruto violate the constitution in appointing Japheth Koome as Police IG?

President William Ruto on Tuesday nominated Japheth Koome Nchebere to the position of Inspector-General of Police after outgoing IG Hillary Mutyambai, who is battling ill health, opted to proceed on terminal leave.

News of Mr. Mutyambai’s leave was made public by the president while unveiling his Cabinet at State House earlier in the day.

State House Spokesperson Kanze Dena in the late afternoon announced Eng. Koome’s nomination.

“His Excellency President William Ruto has nominated Eng Japhet Koome Nchebere to the position of Inspector General of Police (IGP) as promised during the Head of State’s Address to the Nation this afternoon,” Dena said.

According to the 2010 Constitution, the procedure for appointment of the Inspector-General of Police is stipulated as follows under Article 245;

First, the National Police Service (NPS) is required to declare the vacancy in the Gazette and at least two other daily newspapers of national circulation and request for applications within fourteen days from the date of the occurrence of the vacancy.

“The Commission shall consider the applications, conduct public interviews and shortlist at least three persons qualified for the position advertised for under subsection (1),” the constitution says.

The names of the persons shortlisted are then required to be published in the Gazette and within seven days after the shortlisting, the NPS is then required to forward the shortlisted names to the President for nomination of the Inspector-General.

“The President shall, within seven days of receipt of the names forwarded under subsection (5), by notice in the Gazette, nominate a person for appointment as Inspector-General from among the shortlisted names and submit the name of the nominee to Parliament for approval,” the Constitution adds.

Parliament is then required, within fourteen days after it first meets after receiving the name of the nominee, to vet and consider the nominee, either approve or reject the nomination, and notify the President as to its approval or rejection.

“If Parliament approves the nominee, the President shall, within seven days after receiving the notification to that effect, by notice in the Gazette appoint the nominee as the Inspector-General of the National Police Service,” says the Constitution.

The Article adds: “Where Parliament rejects the nominee submitted by the President, the Speaker of the National Assembly shall communicate its decision to the President and request for a fresh nominee.”

To submit a new nominee, the Head of State is required to submit to Parliament a fresh nomination from amongst the persons shortlisted and forwarded by the Commission within seven days.

Mutyambai was appointed Police IG by former President Uhuru Kenyatta in April 2019 and had six months left on his contract as Inspector General.

While announcing Mutyambai’s exit on Tuesday, President Ruto said the NPS would go ahead and advertise for the post nonetheless.

“I have received the resignation of DCI Kinoti and I have transmitted the same to the NPS to proceed with advertising the job and get someone to act in the position,” he said.

“I have someone in mind that I will forward to Parliament for consideration and once I conclude the consultation with Mr Kinyua, the name of the new Police IG will be released this afternoon.”

Koome meanwhile is a former Nairobi County Police Commander and is the current Commandant of the National Police Service College, Kiganjo.

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