Placing the Kenya police officers under the chiefs- will violate the Constitution.

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By George Biruri

The UDA regime’s recent actions and utterances have proved that they do not care about the Constitution, the laws, procedures, and processes. Several examples indicate their disregard for the Constitution and the law.

Take, for example, the so-called Prime Cs office. Look at the Constitution; there is nowhere it is provided for. Every Cs is equal to the other. They are only accountable directly to the President. Yet UDA has created the post of Prime Cs, which is not backed by law. The law does not have a provision for CSs to report to the so-called Prime Cs.

Take interior Cs roadside declarations on the security. Kindiki said that the chiefs will be armed and that they will be assigned five police officers. In Article 245 (2)(b) of the Constitution, the Inspector General exercises independent command over the national police service. In subsection (4), the Cabinet Secretary may lawfully give a  direction to the Inspector General with respect to any matter of policy for the National Police  Service, .but no person may give direction to the IG with respect to (a) investigation of any particular offense or offenses, (b) the enforcement of the law against any particular person or persons, (c) the employment, assignment, promotion, suspension or dismissal of any member of the National Police Service. In subsection (5), any direction given must be in writing!

Clearly, the Cs do not have a constitutional mandate to order the IG to deploy police officers to the Chiefs!

Kenya Police and Administration Police operate under the Constitution while guided by the National Police Service Act. The Act creates command structures that do not include the National Government Administration Officers! The Police also operate under the Police Standing Orders. The latter are not publicly accessible because it would compromise security. The Police are trained intensively and are backed by the law.

Placing the police officers under the chiefs- would violate the Constitution, the National Police Service Act, and the Standing Orders. It would violate the police command structure.

However, the Chiefs can request the local Police Command to support them when in need.

The other example is the poisonous GMO that UDA wants to force down Kenyan’s throats without proper research findings and people’s participation. They are trying to import toxic GMOs when the farmers have a bumper harvest! Their motivation can only be to please some outside dark forces and make private profits in the process!

All those actions show that UDA does not respect the rule of law!

George Biruri is an enthusiastic political analyst in Kenya

He shares his articles to The Diaspora Times.

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