Nipate
Forum => Kenya Discussion => Topic started by: Omollo on September 29, 2015, 03:14:15 PM
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This purported "sacking" of Grace Kaindi is an exercise in futility. Unless they blackmail the courts, Kaindi is going nowhere unless she wants to. They bulldozed Dinded and he accepted dry bones and is on his way down.
Kaindi knows enough to send Uhuru back to The Hague plus a few others not ever mentioned. They therefore cannot blackmail her. I am sure she has seen enough movies to secure her "insurance" just incase they EJK her.
Court stops NPSC from recruiting Grace Kaindi’s replacement
By PAUL OGEMBA
More by this Author
The Employment and Labour Relations Court has stopped the National Police Service Commission (NPSC) from recruiting a deputy inspector-general of police to replace Ms Grace Kaindi.
Justice Nduma Nderi gave the order after Ms Kaindi filed a case to challenge her removal by President Uhuru Kenyatta.
In her application, the former deputy inspector-general of police said her removal from office and the move by the NPSC to advertise the post is illegal and unconstitutional.
She told the court that she had not received official communication from the commission or “any other reason why she was removed from office”.
Ms Kaindi has sued the NPSC and the Attorney-General.
Mr Justice Nderi directed the applicant to serve the commission and the AG for them to respond within 14 days.
The case will be heard on October 14.
Ms Kaindi on September 16 withdrew a similar case she had filed before the High Court.
Ms Kaindi’s lawyer, Mr David Oduor, told the court that his client was considering alternative ways to seek redress over the decision to replace her.
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The hullabaloo continues......
Nobody, including the president, has respect for the law.
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NATIONAL POLICE SERVICE
An Act of Parliament to give effect to Articles 243, 244 and 245 of the Constitution; to provide for the operations of the National Police Service; and for connected purposes
[Act No. 11A of 2011, Corr. No. 69/2012, Act No. 11 of 2014, Act No. 19 of 2014.]
[ Date of commencement: 30th August, 2011. ]
[ Date of assent: 27th August, 2011. ]
Cap 84
17. Removal of Deputy Inspector-General
(1) A Deputy Inspector-General may be removed from office only for—
(a) serious violation of the Constitution or any other law, including a contravention of Chapter Six of the Constitution;
(b) gross misconduct, whether in the performance of the functions of the office or otherwise;
(c) physical or mental incapacity to perform the functions of the office;
(d) incompetence;
(e) bankruptcy; or
(f) any other just cause.
If she is incompetent, bankrupt or guilty of gross misconduct, then upon what basis is she being appointed ambassador?
They can't acknowledge that they have election theft in 2017 in mind and a Kamba is not comforting to have in that office along with a Kalenjin. They need a stop gap individual before handing it to a Kikuyu.
I have yet to under stand why Uhuru Kenyatta can simply not work with people from whatever ethnic group. Some of the hatchet men for Moi were not Kalenjin or Tugen. Kamotho, Mudavadi, Okiki Amayo, Nassir, Yusf Hajji etc.
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I have heard people say Uhuru Kenyatta is NOT corrupt. I marvel at such statements.
Grace Kaindi forced out over Sh12 billion supply tenders
HE decision to sack Deputy Inspector General of Police Grace Kaindi was reached at a closed-door meeting at State House, Mombasa, chaired by President Uhuru Kenyatta. Also present was Interior CS Joseph Nkaissery.
The Sunday evening meeting was also attended by Inspector General of Police Joseph Boinnet and Interior Principal Secretary Monicah Juma.
The gathering resolved to kick out Kaindi and replace her with GSU chief Joel Kitili Mboya. Yesterday it emerged that her sacking was linked to her hardline position on a Sh12 billion police upgrade project ahead of the 2017 general election, authoritative sources at the Office of the President told the Star.
A top official in the Office of the President wanted Kaindi to influence the tendering process for the purchase of police equipment such as armoured cars and bulletproof vests. Kaindi is said to have declined the proposal.
Official sources said top Jubilee officials were uncomfortable with Kaindi and could not trust her to oversee the 2017 general election. Those involved pressed for a “more suitable candidate” to take over from her.
The sources said on Sunday night, Boinnet called his other Deputy IG, Samuel Arachi, and directed that he take charge of security in the capital city because Kaindi was scheduled to travel to Mombasa on Tuesday morning.
Word was that Kaindi would head the anti-drugs operation at the Coast, following the directive by Uhuru that police dismantle all drug cartels in the region. On Tuesday, National Police Service Commission chairman Johnston Kavuludi left Nairobi on a 6.30am flight to Mombasa, where he attended a meeting at State House while Kaindi left Nairobi at around 8.30am.
At State House, Kaindi met the four – Uhuru, Nkaissery, Juma and Kavuludi – who announced to her that a decision had been made to retire her.
She was required to defend herself against allegations of incompetence and losing her grip on the Police Service. The top three wanted Kitili appointed to the office of DIG, but Kavuludi insisted that the recruitment should be competitive as stipulated in the constitution.
Sources said the four were concerned after Kavuludi insisted that Kaindi’s successor must be recruited in a competitive process that involved a public advertisement for the job.
Uhuru and the three security chiefs wanted Kitili confirmed to the position without undergoing the interview and vetting, but Kavuludi is said to have stood his ground. Kavuludi returned to Nairobi on Wednesday, where, together with Nkaissery and Juma, they announced more changes in the security docket.
Kaindi’s final days in office were crowded with spirited efforts to force her out after she declined another proposal, by a top official in the Office of the Deputy President, to surrender Sh5 million every week from the Police Service’s confidential expenditure funds.
Also at the centre of the fallout is a de-radicalisation funding project that could have seen National Counterterrorism Centre boss Isaac Ochieng sent packing. Last evening, Kaindi was still in her office, waiting for her termination letter from the NPSC. Kitili was spotted hanging around Vigilance House, Police Headquarters.
- See more at: http://www.the-star.co.ke/news/grace-kaindi-forced-out-over-sh12-billion-supply-tenders#sthash.T2m0FisI.dpuf
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Now JAPati guys be working on giving Uhuru powers to fire DIG's and CID Director at will. Seems the Kaindi episode brought up hurdles
http://www.the-star.co.ke/news/new-bill-give-uhuru-power-sack-deputy-ig-cid-boss
A new Bill seeks to give the President the powers to remove from office the Deputy Inspector General of Police and Director of Criminal Investigations before retirement age.
The Statute Law (Miscellaneous) Amendment Bill 2015, set to be introduced in the National Assembly today, proposes amendments to the Police Service Act and gives the President express authority to terminate the contract of the Deputy IG without involving the National Police Service Commission.
“The President may remove, retire or redeploy a Deputy Inspector General at any time before the Deputy Inspector General attains the age of retirement,” reads the Bill.
On the removal of the Director of Criminal Investigations, the proposed law says: “The President may at any time remove, retire or redeploy a Director of Criminal Investigations before the Director … attains the age of retirement”.
The Bill comes at a time the government is embroiled in a legal battle with former Deputy Inspector General of Police Grace Kaindi over her sacking a month ago.
This week, the High Court reinstated Kaindi to her former position until a case she has filed is heard and determined.
She has argued that she was retired prematurely before attaining retirement age.
In its memorandum of objects and reasons, the Bill says that it seeks to streamline the procedure for the appointment and removal of a DIG and the Director of CID and to empower the DIG to issue general, special, routine and respective standing orders in respect of the police forces.
Under the new provisions, the DIG has been given wide-ranging extra powers in the administration of the Kenya Police Service and the Administration Police.
Under section 17 of the current Act, the DIG can be removed from office only for serious violation of the constitution, gross misconduct, incompetence, bankruptcy or any other just cause.
The Bill has proposed the deletion of the entire section 17 and is substitution with the new section.
Section 31, which outlines the procedure for the removal of the Director of the CID, has also undergone major changes.
The Bill has also removed section 14 (b) that compels the President to ensure that, at all times, one of the three position of Inspector General and Deputy Inspector General is of the opposite gender.
The new Act will also provide for a police officer to be the Secretary to the county policing authority and empower the authority to establish committees.
- See more at: http://www.the-star.co.ke/news/new-bill-give-uhuru-power-sack-deputy-ig-cid-boss#sthash.65jn0GvC.dpuf
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Jubilee or should I be blunt and say Kikuyus thinks it/ they will rule Kenya forever. They seem to have forgotten how they started handing more power to Kenyatta and created an imperial Presidency which Moi then took and brutally suppressed them. Moi used the very powers they had foamed around the mouth in parliament demanding them for Kenyatta.
Kenyatta died awaiting the enaction of a law recommended unanimously by KANU delegates to name him President for Life. Had it passed, Moi would have entered the post as "President for Life".
Unfortunately there are few Kenyans that adhere to principles. When Raila takes over those powers, they will be the first to oppose the amendments they are making.
Uhuru is also failing seriously. He can no longer tame the urges of sycophancy. When in power people seeking your favours come with all manner of proposals to pander to you. It is not unusual for some to even suggest that you be officially known as a god. There are precedents. Wole Soyinka aptly address that issue in Kongi's Harvest. Kongi moves from a mere mortal believing in "Scientificism" to a blasphemous narcissist, who seeks to replace the "Spirit [god] of harvest".
I advised ODM to stop opposing Uhuru as he mutilates the constitution. They should instead focus on inheriting those powers and use them brutally against those who enacted them before getting rid of them after six years.