A spirited activist has moved to court seeking to suspend the directive issued last week by Head of Public Service Felix Koskei suspending 67 police officers on allegations of corruption.
Through Lawyer Danstan Omari, Memba Ocharo argues that the directions issued by EACC to IG were malicious and also illegal.
He argues that in a letter dated 10th November 2023, EACC issued a recommendation for the suspension of 67 police officers, alleging their involvement in corruption-related malpractices.
“EACC actions are characterized with malice and are solely designed to impede the operational effectiveness of the police force,” reads court papers
Omari says that the enumerated police officers were not formally notified of the suspension decision, and they were not afforded the opportunity to be informed of the grounds for suspension or to present their perspective on the matter.
“the enumerated police officers were not formally notified of the suspension decision, and they were not afforded the opportunity to be informed of the grounds for suspension or to present their perspective on the matter,” reads court papers
According to court papers, EACC action recommending police officers for suspension is ultra vires, procedurally irregular and constitutes a direct contravention of constitutional provisions safeguarding the independence of the office of the Inspector General of Police.
He also claims that the police officers implicated were not accorded an opportunity to present their case, despite the potential prejudicial impact of the recommendation’s implementation to the lives of the police officers who are the breadwinners of their families.
“the decision to suspend the police officers is tantamount to a violation of their labor rights, fair administrative action as well as equality before the law,” he said
Omari argues that the premature and unsubstantiated suspension predicated on an external recommendation would have profound and enduring ramifications on the police officers’ professional trajectories, public perception, overall well-being of the implicated officers and the police service as a whole.
He says that in order to stop the impending wanton, unwarranted and illegal actions; there is need to suspend the implementation of the said recommendation made by EACC.
