The State has suffered yet another setback in the corridors of justice after the court quashed the appointment of Bernice Lemedeket as the NPS accounting officer.
In a judgement delivered on July 25, the employment and labour relations court ruled that her appointment by president William Ruto was illegal.
Justice Byram Ong’aya further ruled that the appointment was made to a fictitious office that had never been established.
The court also held that the appointment of Lemekedet was null and void as it was made without enabling constitutional and statutory provisions of the law.
Justice Ong’aya ruled that the Inspector General of Police is the only accounting officer of the National Police Service according to the law.
“Section 10 of the National Police Service enumerates the functions of the Inspector General to include prepare budgetary estimates and develop a policing plan before the end of each financial year, setting out the priorities and objectives of the service and the justification thereof.” The judge said.
The court said that according to the law, the IG is assisted in that role of accounting officer by the three deputy IGs of the different sections which include the Kenya Police Service, the Administration Police Service and the DCI.
The judge quashed the gazette notice issued in November last year appointing her to the said position.
In the case, Dr Magare Gikenyi had challenged the appointment of Lemekedet as Principal Administrative Secretary.
Gikenyi had argued that the said office of PAS did not exist in law therefore it was null and void.
He further averred that there was no public participation prior to the appointment being made by the president.
It was also his argument that creation of the said office would bring duplication of roles which will in turn lead to loss of tax payers’ money.
“Creation of the said office would increase public expenditure and lead to loss of public funds” reads court papers.
