Kenya Court Nullifies 'Corrupt' Police Recruitment

The Kenyan High Court on Friday ordered the National Police Service Commission (NPSC) to reboot a recent countrywide recruitment drive for police personnel, saying the last campaign was "inconsistent and in contravention of the constitution."



"Although the [court ruling] action might be painful and unpopular, the law must be obeyed. I therefore nullify the entire recruitment exercise and order a repeat throughout the country," Judge Isaac Lenaola said in a statement.



"The action ought to be a lesson to the NPSC and other constitutional organs that [the] 2010 constitution is alive and well," the judge added, referring to the charter promulgated on August 27, 2010.



Lenaola said that the six-member NPSC, a government commission responsible for the recruitment and appointment of police officers, had violated recruitment rules by delegating the drive to sub-county committees that are not referred to in the constitution.



The judge also pointed out that NPSC did not involve Inspector General of Police David Kimaiyo, who was the only one with the power to recruit new officers into the police force.



The ruling came as a response to a petition by the Independent Policing Oversight Authority (IPOA) to nullify the recruitment of 10,000 new police officers in July on grounds that it had been flawed by corruption.



In the petition, the IPOA said: "The [recruitment] exercise was marred by maleficent irregularities. It was conducted in a manner that was not in compliance with the constitution and hence led to the great hue and cry from members of the public and aggrieved participants."



The IPOA pleaded with the court that the recruitment be nullified and repeated. It also called for an audit of the funds used in the recruitment and asked the court to compel those found guilty of misusing the funds to reimburse the state for its losses.



The authority was set up through an act of parliament in 2011. Its main mission is to carry out impartial and independent investigations, inspections, audits and monitoring of the NSPC to prevent impunity and enhance professionalism in the interest of the public.



The eight-member IPOA is also tasked with considering complaints about police misconduct, neglect of duty, police practices, policies and procedures.



-Reactions-



The nullification of the police recruitment was received with mixed reactions.



Police spokesman Masoud Mwinyi cautiously told reporters: "We have just heard about the ruling on nullification of the recruitment. We shall comply with the court ruling. We have to follow what the court has said."



"We shall organize how to go about the new recruitment. We shall keep you [the media] informed," he added.



In an impromptu press conference in the central Kenyan town of Nyeri, lawmaker Kenini Kega termed the court ruling "an interference with the government pledge to create jobs."



"It is so sad that we have other candidates who were recruited in a justified manner, but their recruitment has been nullified. I wish the courts annulled recruitment in the few areas which were affected and let the others continue [with their training]," Kega told Anadolu Agency.



Alluding to security threats facing Kenya, Kenini said: "If the courts did not stop the training of police recruits, we would be having a few days before they graduate and start enhancing security in the country."



The nullification of police recruitment comes six months after 1,780 fresh Kenya police cadets graduated, bringing the number of police officers to graduate in April 2014 to a record 7,210.



Before they had graduated, Kenya had some 35,000 policemen and women.



Recent attacks have compelled the Kenyan government to recruit a larger number of police officers. The recruitment drive was apparently triggered by Kenyans calling for increased police security.



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