Deputy Inspector General of Police Grace Kaindi is back in office after the Industrial Court temporarily suspended the National Police Service Commission’s decision to retire her.
Employment and Labour Relations Court Principal Judge Justice Nduma Nderi’s ruling also put a stop to any recruitment of Ms Kaindi’s successor as advertised by the commission on Saturday until her petition challenging her removal from office is heard and determined.
“A conservatory order is issued by way of a stay of execution of the actions or any administrative directions of the NPSC affecting the petitioner’s terms of office in any way whatsoever pending the hearing and determination of this application,” ruled Judge Nderi.
Ms Kaindi filed an urgent application on Monday claiming that she was illegally and forcibly removed from office.
Her lawyer Judy Guserwa argued that there is no vacancy in the office of the Deputy IG since Ms Kaindi has not received any letter or official communication from the commission notifying her of the retirement.
“What she heard was media reports of President Uhuru Kenyatta’s roadside declaration that he had nominated her replacement and appointed her to an ambassadorial position. The president’s declaration was null and void as it amounted to usurping the powers of NPSC,” said Guserwa.
She added that Ms Kaindi has a five-year contract which expires in January 2018, and that the notice placed by NPSC inviting applications for the position was unconstitutional and illegal. The Deputy IG in her affidavit narrated how she was ejected from office, her bodyguards withdrawn and her official car confiscated.
“I only learnt of the retirement through the media before being forcefully ejected out of office in the most draconian way by my alleged replacement Joel Mboya Kitili and the IG Joseph Boinett [sic],” said Kaindi.
She swore that the manner in which she was ejected from office was the most unfortunate and which turned the country into a police state with no regard to the rule of law. She added that there is no provision allowing the Deputy IG to be in office in an acting capacity. According to her lawyer, the forced retirement was aimed to disadvantage Ms Kaindi by reducing her emoluments and other benefits.
“The manner in which a senior police officer of my rank can be treated leaves much to be desired on how the executive arm of government can treat the less vulnerable citizens. That draconian and inhuman treatment has caused me great psychological trauma,” swore Ms Kaindi.
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