Of the Police Recruitment, where did the rain start beating us from? By Job Nyasimi Momanyi, Advocate of the High court of Kenya, Managing Partner Nchogu, Omwanza and Nyasimi Advocates lawyermomany@gmail From the advert which was made, The National Police Service commission used Districts as the centers of recruitment. You will note that as per the constitution and Kenyan Legislation we do not have units under devolution known as Districts. Under article 239, the National Security organs are a) The Kenya Defence Forces b) The National Intelligence Service c) The National Police And Under Article 238 (d) the recruitment by the National security Organs shall reflect the diversity Kenyan People in equitable Proportion. As per article 246 (3) and (4) the composition of the Kenya Police service shall reflect the regional and ethnic diversity of the people of Kenya. If we look at what is equitable and ethnic diversity, we shall be required to look at how the constituency boundary were drawn and arrived at. The formula used by the Ligale Commission, Interim Independent Boundaries Review Commission, should be used based on the population census. If that is the case, the Constituency could have been used as the recruitment unit of the recruitees to the national security organ. What this means, is that if the Kenya Police service needed 10, 000 recruitees, as per their Job Advert, then the best formula was to divide 10, 000 by no. of 290 constituencies in Kenya , and that will give us at least 34 candidates from each constituency which shall also reflect diversity in that Constituency. This was not achieved by the Kivuludi Commission, the Kenya Police service Commission and the result will be imbalance in the police force and which act will be contrary to the constitution which the Chairman swore to protect and use as a guiding instrument. It will also be noted that, in conducting recruitment, if the spirit and letter of the constitution was to be adhered to, the devolved units as per the National Government Act, the sub-counties, which are equivalent to constituencies could have been the unit of recruitment. Of interest is how the imbalance was created by the recent recruitment process wherein some counties lost terribly to other counties in regard to the number of the proposed recruitees. A good example is Kitui County which has eight (8) constituencies and which had opportunity of 8 x34, that is 276, recruitees but was given opportunity of whooping sixteen (16) that is, 544 opportunities. This is followed by Marsabit County with four constituencies’ hence four opportunities of 34 each but was granted seven opportunities, Makueni with six constituencies but given opportunity for nine constituencies. Another notable county is Nyandarua County with four constituencies but given opportunity for seven constituencies, Nyeri with six Constituencies but given opportunity of eight Constituencies. Embu, Kirinyaga, Muranga, Turkana, Kajiado, Vihiga, Isiolo, and Tharaka Nithi counties were each added one more opportunity than they deserved in the recruitment. Wajir, Trans Nzoia, and Laikipia were each give two more opportunities than they are entitled to. The following Counties lost and these are Nairobi County with seventeen (17) Constituencies was given opportunity for ten (10) Constituencies, losing whooping seven (7) opportunities. Mombasa County with six Constituencies but given four opportunities, Nakuru County with eleven (11) Constituencies was given 9 opportunities and that inclined to one community and Uasin Gishu County has six Constituencies but given three opportunities. Narok County had opportunity of six but was given four. Homa Bay had opportunity for Eight Constituencies but was granted opportunity for six constituencies. They lost two opportunities. Kwale, Kilifi, Garrissa, Meru, Nandi, Kericho, Kisumu, Migori each lost one opportunity of 34 candidates to other counties at the the police service Commission’s watch. What basically the above analysis shows is that there could be either political influence in the recruitment process or either the National Police service Commission is incompetent under the chairmanship of Kivuludi, and if the same trend continues, we will have Kenya No more. Even if we were to believe that there were imbalances for yester years to be rectified, it will not be from the counties which were rewarded with high opportunities. From the foregoing, the recruitment was not only marred with corruption as we are meant to belief, but also violation of the relevant statutory laws, more particularly section 10 (2) of the National Police service Commission Act by delegating the commission powers to Sub-County Commissioners persons not recognized by the Law, and the constitution. The section provides that Subject to the provisions of the Constitution or any written law, the Commission may delegate to the concerned Inspector-General the recruitment, appointment and promotion of police officers under the rank of sergeant: Provided that the Inspector-General shall, during such recruitment, appointment or promotion, take into account gender, county and ethnic balancing. The Values for Kenya as enshrined in the Kenyan Constitution should be respected by all. The wise thing to do, the commission should accept that they errored, nullify the exercise and initiate a fresh exercise as per the Law established and the best candidates will always make it, otherwise creating wrong precedence my set a very bad example by public institutions. By Job Nyasimi Momanyi, Advocate of the High court of Kenya, Managing Partner Nchogu, Omwanza and Nyasimi Advocates lawyermomany@gmail
Posted on: Tue, 09 Sep 2014 13:58:55 +0000
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