Uproar over Bill giving President powers to appoint Deputy IG, Chief Justice

The Coalition for Constitution Implementation Kenya (CCI Kenya) has taken issue with changes to the National Police Service Act 2011 and Judiciary Service Act that gives the president powers to appoint Deputy Inspector General of Police and the next Chief Justice.

In a statement to media houses on Sunday, CCI Kenya said the move is set to plunge the country into chaos should the 2017 elections be disputed as both the police and the Judiciary are key players in the electoral process.

“No one will have faith to turn to the two critical organs if one contender has an upper hand in constituting them ahead of 2017 polls. CCI Kenya is therefore asking the Civil Society, Social Movements, Opposition Parties and Kenyans to defend the integrity of the Constitution,” read the statement in part.

“Article 160 of the Constitution states that, the Judiciary is independent and shall be subject only to the Constitution and the law and shall not be subject to the control or direction of any person or authority. Furthermore the Judicial Authority is derived from the people as per Article 159 of the Constitution.”

The statement, signed by the Convener CCI Kenya Cidi Otieno, further highlights Article 238 of the Constitution which states that national security is subject to the authority of the Constitution and Parliament not National Assembly only.

“The powers to appoint any officer within the National Police Service is a preserve of the National Police Service Commission (NPSC) pursuant to Article 246.”

“CCI Kenya further contends that if the president is allowed to interfere with the security organs then it will go against Article 239 of the Constitution which states that on performing their functions and exercising their powers, the national security organs and every member of the national security organs shall not act in a partisan manner.”

By giving the president powers to appoint officers within the service, according to the lobby group, the National Assembly has politicised the service and will compromise its ability to act in a no-partisan manner as required by law.

Unlike in 2011 where JSC presented the president with only one name for the Chief Justice position, the new Act requires the commission to present three names to the president for appointment.

Chief Justice Willy Mutunga is set to retire this year while the tenure of Deputy Chief Justice Kalpana Rawal is in contention with a case in court as she seeks to contest her retirement age currently placed at 70 years.

By @benjaminwafula