Blow to Ruto as court quashes National Police PAS position
By Oliver Musembi, July 28, 2023In a historical move, the Judiciary has quashed President William Ruto’s creation of the position of Principal Administrative Secretary (PAS) and Accounting Officer of the National Police Service (NPS).
Principal Judge Byram Ongaya ruled in favour of a Nakuru surgeon Dr Benjamin Magare who filed a petition seeking, among other things, nullification of the appointment of Bernice Salaal Lemedeket as PAS and accounting officer of NPS.
Lemedeket hit the headlines recently when the National Police Service Commission (NPSC) accused her of allegedly interfering in its operations since her appointment.
NPSC had particularly taken offense with Lemedeket for allegedly colluding with the Inspector General of Police Japhet Koome in the promotion of 500 senior police officers, a decision that the Commission disputed.
The Commission claimed it had been bypassed in the promotions by Koome and Lemedeket who usurped its powers.
The Commission had consequently asked her to stop interfering with its operations and instead stick to her lane.
In a landmark 52-page judgement for the petition filed against the Attorney general, the Public Service Commission and the National Assembly, the Judge nullified Lemedeket’s appointment as it lacks the requisite constitutional and statutory provisions.
“The court is pleased to issue an order of judicial review by way of certiorari quashing the respondent’s press release and/or Gazette Notice and or any document of the purported nomination/appointment (of the appointee) or any other person appointed as principal administrative secretary without considering statutory or constitutional provisions,” ruled Justice Ongaya.
The petitioner sought a declaration that the unprocedural establishment of the office/position of principal administrative secretary as accounting officer has no legal, statutory or constitutional underpinning and hence null and void.
It also sought an order prohibiting the appointee from acting in any manner in the said position as per her appointment in Gazette Notice No. 14712 of November-December 2022.
Duplication of roles
“The role of a PAS is similar to that of Principal Secretary and therefore a duplication of roles, bloating an already bloated civil service and depleting the country’s scarce financial resources,” the Judge observed in its ruling.
The petitioner had also prayed that in the interest of justice the appointment of the PAS be declared an illegality and a nullity since the same is aimed at rewarding a major ethnic community and that there is “no role of gender discrimination and political marginalisation in the 21st century.”
The court dismissed the AG’s plea in a replying affidavit that the appointment of PAS was lawfully established and competitively filled by the National Police Service Commission (NPC).
The Attorney General argued that the appointment was made by the NPSC and not the President “who merely declared publicly the appointment of Lemedeket owing to the novelty and public interest nature of the position.”
The AG had pointed out that the decision was made in pursuit of financial autonomy as recommended in numerous public reports including the Ramsey Report and the Waki Report and ensuring financial independence of the NPS.
The court determined that the NPSC did not have the necessary constitutional and statutory power to make an appointment to the office of Principal Administrative Secretary / Accounting Officer of the NPS.
President Ruto had appointed Lemedeket to the position in November, months after signing an executive order granting NPS autonomy by transferring their budget from the Office of the President.
President Ruto had promised in his inaugural speech that he would designate the Inspector General of Police as the accounting officer in order to end its dependency from his office.
This, the President had said, would give NPS the impetus to fight against corruption and put to an end the political weaponisation of the criminal justice system.
“As required by Article 245 of the Constitution, the IG is mandated to exercise independent command over the NPS. The services operational autonomy however, has been undermined by the continued dependence on the office of the president. This situation is going to change,” the President had then stated.
Before her appointment, Lemedeket served as a manager at the Kenya Pipeline Company Foundation and also doubled up as the TB/HIV Program Advisor at the University of Maryland Global Initiative Kenya.