New Changes to Law Unconstitutional, Target 2017 Elections

The Coalition for Constitution Implementation Kenya (CCI Kenya) and partners take issue with changes to the National Police Service Act 2011 and Judiciary Service Act that give president powers to appoint deputy Inspector General of police and the next Chief Justice and terms them unconstitutional.

CCI Kenya bring the attention of the president and the National Assembly to the Article 160 of the Constitution of Kenya 2010 that state that the Judiciary is independent and shall be subject only to the Constitution and the law and shall not be subject to the control or direction of any person or authority. Furthermore the Judicial Authority is derived from the people as per article 159 of the Constitution.

CCI Kenya further bring the attention of the president and the National Assembly to Article 238 of the Constitution of Kenya 2010 that state that national security is subject to the authority of the Constitution and Parliament not national assembly only.

The powers to appoint any officer within the National Police Service is a preserve of the National Police Service Commission (NPSC) pursuant to Article 246 that state that the NPSC has the responsibility to recruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions and transfers within the National Police Service.

CCI Kenya further contends that if the president is allowed to interfere with the security organs then it will go against article 239 of the Constitution of Kenya 2010 stating that In performing their functions and exercising their powers, the national security organs and every member of the national security organs shall not act in a partisan manner, further any interest of a political party or cause or prejudice a political interest or political cause that is legitimate under this Constitution.

This means that by giving the president who is a political leader and contender in a political process powers to appoint officers within the service amounts to politicizing the service and will compromise their ability to act in a nonpartisan manner as required by law and the net effect shall be politicizing the service.

The move is also likely to plunge the country into chaos should the 2017 election be disputed as both the Security Organs and the Judiciary are key players in Kenyan electoral process as no one will have faith to turn to the two critical organs if one contender has an upper hand in constituting them ahead of 2017 polls.

CCI Kenya is therefore asking the entire Civil Society, Social Movements, Opposition Parties and Kenyans at large to stand and defend the integrity of the Constitution of Kenya 2010.

Sincerely

Cidi Otieno

Convener CCI Kenya

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