The Police Reforms Working Group (PRWG) has supported and advocated for police reforms since the promulgation of the 2010 Constitution. We are conscious of the police reform journey especially concerning where we came from and where we want to go as a country.
In view of the above mandate, our attention has been drawn to the media reports attributed to the health Cabinet Secretary Susan Nakhumicha who, while attending a burial in Matisi, Trans Nzoia County, is reported to have ordered the transfer of Matisi OCS John Thuo over the rising cases of insecurity in the area.
Despite the power to transfer security officials not being within her docket, the CS was reported to have said that the government has taken a ‘one government approach’ which ostensibly gave her the powers to make sweeping decisions and only report actions taken to the relevant Cabinet secretary.
We would like to point out clearly that the National Police Service Commission is the police employer, in charge of the human resources function. We reiterate that the Commission draws its powers and functions from Article 246 of the Constitution, which gives it powers to recruit and appoint persons to hold or act in offices in the Service, confirm appointments, determine promotions and transfers, and exercise disciplinary control over and remove persons holding or acting in offices within the Service.
We remind the CS, and all state and public officers that public lynching is not part of the principles of security governance nor of policing in our democracy. The Constitution of Kenya entrenches a culture of accountability. It includes democracy and people’s participation, the rule of law, inclusiveness, social justice, and human rights among the national values and principles of governance. All state and public officers have the constitutional duty to abide by and respect these values when applying and interpreting the Constitution.
Read Full statement here:https://icj-kenya.org/wp-content/uploads/2023/08/PRWG-Kenya-Statement-CS-Health-to-Respect-the-Constitutional-Mandate-of-the-NPSC-1.pdf
