Inspector-General of Police Japhet Koome has come under heavy criticism from MPs over his “unsavory” letter that appears to solicit the protection of Interior Cabinet Secretary Prof Kithure Kindiki from parliamentary summons.
This comes as members of the Constitutional Oversight Implementation Committee (CIOC) at a meeting with Prof Kindiki dismissed the CS’s request that they go slow on Mr Koome’s summons to parliament over “unnecessary exposure.”
CIOC chaired by Githunguri MP Gathoni Wamuchomba, specifically faulted Mr Koome for trying to direct CS Kindiki and in the process, attempt to evade parliamentary oversight contrary to the constitutional provisions.
Ms Wamuchomba, her Vice Chairperson Kamket Kassait (Tiaty) and a host of other committee members wondered why Mr Koome with the support of Prof Kindiki would want to avoid parliamentary scrutiny yet the “president of the country is accountable to parliament.”
“I take issue with the unsavory language used by Mr Koome in the letter appealing to CS Kindiki to protect him from appearing in parliament. This is unheard of and an impossibility and he will not have his way,” said Mr Kamket.
“The IG letter appears to direct you to protect him from us. We register the contemptuousness of this letter with the National Police Service Commission,” said Ms Wamuchomba.
On July 7, 2023, Mr. Koome wrote to Prof Kindiki requesting that the CS appear before the MPs whenever the commission and the IG are summoned while making reference to the meeting for which he had been summoned by the CIOC.
“Please, in the recent past, the service has been summoned to appear before parliamentary committees on several occasions which have had adverse effects on our image and service delivery to the citizenry. Consequently, we request that your office protect the police from these numerous summons by parliament,” the letter to Prof Kindiki reads.
The letter goes on to say “Consequently, we request that your office appear on our behalf before sessions of parliament with a view to avoiding conflict between us and the legislature.”
“Service commanders stand guided accordingly until advised otherwise,” reads the letter that came in the wake of the use of brutal force by the police in the crackdown against Kenyans involved in the street protests aka Maandamano called by Azimio leadership against the high cost of living.
Prof Kindiki admitted before the committee that Mr. Koome consulted him before he wrote the letter and even asked the committee to understand the IG as he played down the wrangles at the police service commission.
“There could have been a misunderstanding of opinion between the uniformed and civilian members of the police commission. But from where I sit, they are working together,” Prof Kindiki told the committee.
However, the committee was adamant that only the commission, fully constituted before the committee, “can assure us.”
“Once we invite the commission, someone in the capacity of the IG must be part of the commission and must come here and tell us that things are sorted. Otherwise, we amend the constitution to have him removed from the membership of the commission,” Ms Wamuchomba asserted.
Prof Kindiki, appearing cornered, said “I plead with you to understand the IG’s letter.”
Interior Cabinet Secretary Kithure Kindiki.
Photo credit: Pool
“He wrote it after consulting the CS to protect the image and the command of the police but parliament will have the final say,” the CS noted.
Interestingly, later in the day, Prof Kindiki would appear before the Administration and Internal Affairs Committee with Mr Koome. Mwingi West MP Charles Ngusya reacted to this by saying “We are shocked”.
“If the president is accountable to the people of Kenya through parliament, who is Mr Koome?” posed Mr Ngusya.
Article 132 of the constitution mandates the President to address the opening of each newly elected Parliament and a special sitting of Parliament once every year “and may address Parliament at any other time.”
The same Article states that once every year, the President shall report, in an address to the nation, on all the measures taken and the progress achieved in the realization of the national values.
The president is also required to publish in the Gazette the details of the measures and progress and submit a report for debate to the National Assembly on the progress made in fulfilling the international obligations of the republic.
Trouble at the police service commission started after Mr Koome, through a Memo in June this year, unilaterally announced changes within the police service that led to the promotion of 514 officers to various ranks without the approval of the commission.
The civilian members of the commission led by Mr Eliud Kinuthia protested the move declaring it unconstitutional and illegal as the positions were not advertised beforehand as required.
The commission also noted that Mr Koome’s move usurped its powers and sought the assistance of the National Assembly, which mandated the CIOC to look into the matter.
When the Wamuchomba-led committee summoned the commission, the civilian membership led by Mr. Kinuthia turned up with Mr. Koome and his two deputies, also members of the commission, keeping away.
Nonetheless, the committee went on to direct the commission to quash the “illegal” appointments by Mr Koome as it set another meeting for the full commission.
Early July this year when the committee summoned the commission and Mr Koome to report progress on the direction given by the MPs and the need to respect the constitution, no one turned up even as word emerged that Mr Kinuthia’s security detail had been withdrawn.
However, Prof Kindiki acting on Mr Koome’s “directive” on July 19, 2023, through his PS Mr Raymond Omollo wrote to the National Assembly arrogating himself the responsibility to appear before MPs on behalf of the NPSC and the Inspector-General of Police whenever summoned.
“The Cabinet Secretary Interior and National Administration and in his absence the PS Interior have committed to appear before the House and any of its committees on behalf of the National Police Service on this or other matter in future,” Mr Omollo’s letter reads.
