By Our Reporter
Worth Noting:
- Responding to the committee’s questions, Prof. Kindiki told the lawmakers that the conflict had arisen as a result of lack of understanding of the respective mandate by the two institutions.
- Regretting that the matter had degenerated to such an extent of causing public embarrassment, the CS issued a public apology over the incident which he undertook would not happen again.
- “The exchange between the IG and the Chairperson of the NPSC is regrettable and should not have happened. I want to apologize on behalf of the IG and the Chairperson of the NPSC, and promise that this will not happen again,” he told the lawmakers.
The Departmental Committee on Administration and Internal Security yesterday held a meeting with the Cabinet Secretary for Interior and National Administration Prof. Kithure Kindiki over the current conflict between the Inspector-General (IG) of the National Police Service and the National Police Service (NPS) Commission.
The engagement was the first since the public spat. When the matter became public and concerned over the embarrassment and erosion of public confidence that the incident had caused, the committee resolved to write to the Attorney General who is the principal advisor to the government to confirm the disparity of mandates between the two crucial institutions in the security sector.
The committee had further resolved to invite the Cabinet Secretary to shed light on the incident and to apprise the lawmakers on the steps he had taken to alleviate the conflict, which prompted his appearance yesterday.
Responding to the committee’s questions, Prof. Kindiki told the lawmakers that the conflict had arisen as a result of lack of understanding of the respective mandate by the two institutions.
Regretting that the matter had degenerated to such an extent of causing public embarrassment, the CS issued a public apology over the incident which he undertook would not happen again.
“The exchange between the IG and the Chairperson of the NPSC is regrettable and should not have happened. I want to apologize on behalf of the IG and the Chairperson of the NPSC, and promise that this will not happen again,” he told the lawmakers.
“Hon. Chair, this kind of conflict is not a new thing. It happened before between the first chairperson of the NPSC Mr. Johstone Kavundi and the then Inspector General of Police,” he continued.
Asked what action he had taken to settle the matter, he told the committee that shortly after the spat, he had called for a meeting between the two in a way of establishing a truce and to promote a collegiate approach towards their operations.
The CS informed the legislators that he had informed the two institution heads that their actions amounted to a breach of Chapter Six of the Constitution, that could easily cause for their removal from office.
Prof. Kindiki avered that while the spat is attributed to a clash in understanding the respective mandates of the two institutions by their heads, the matter can only be settled by the way of an Advisory from the Attorney General or if subjected to interpretation by the constitutional courts.
However, nembers led the Chairperson Gabriel Tongoyo from Narok West constituency told the CS that he cannot reduce his role to firefighting as he has a constitutional role to offer leadership and policy direction, a fact that the CS acknowledged.
They opined that rather than seek redress at the courts, it were better if the CS and the committee spearheaded a process that would provide an amicable way forward.
The committee members stressed the need for the IG and Commission to work together for the good of the Country as they wondered why the conflict had deteriorated thus far yet the IG and his two deputies are members of the Commission.
They pointed out that all matters under the purview of the Commission should be resolved within the Commission. The lawmakers also called for the review of the process that resulted to the recent promotions and recruitments which formed part of the conflict.
Members and the CS alike hinted that they would in future cause the review of Article 246 of the Constitution, National Police Service Act and other attendant provisions to treat any lacuna in law that may cause future conflicts between the two institutions.
“Mandates are provided for by law. Any recruitments or promotions that are determined outside of the law remain an annullity. There has been complaints of favoritism and nepotism in the recent transfers and promotions which must be reviewed,” noted Peter Kaluma, the MP for Homabay Town.