ICJ slams Health CS Susan Nakhumicha for ‘ordering’ transfer of Matisi OCS
The International Commission of Jurists (ICJ) Kenya has slammed Health Cabinet Secretary Susan Nakhumicha over her utterances purporting to order the transfer of Matisi OCS.
The CS, speaking during the burial ceremony of Joseph Marango, a renowned bouncer, who was killed during anti-government protests in Kitale, “ordered” the transfer of Matisi OCS John Thuo over the rising cases of insecurity in the area.
“We are using the one government approach. That means that when I stand here, I’m representing President William Ruto’s government and I am ordering the transfer of Matisi OCS. If the county commandant is here or wherever he is, let the message reach him that the CS has said that by tomorrow, the Matisi OCS should be out of here. I will just go and report to my colleague (Interior CS Kithure) Kindiki the action I’ve taken,” CS Nakhumicha said.
The CS said that the government has taken a ‘one government approach’ which gave her the powers to make the decision and only report actions taken to the relevant Cabinet Secretary.
According to ICJ, such powers are a preserve of the National Police Service Commission (NPSC), which is the police employer in charge of the human resources function.
“We reiterate that the Commission draws its powers and functions from Article 246 of the Constitution, which gives it powers to recruit and appoint persons to hold or act in offices in the Service, confirm appointments, determine promotions and transfers, and exercise disciplinary control over and remove persons holding or acting in offices within the Service,” ICJ stated.
“We remind the CS, and all state and public officers that public lynching is not part of the principles of security governance nor of policing in our democracy. The Constitution of Kenya entrenches a culture of accountability. It includes democracy and people’s participation, the rule of law, inclusiveness, social justice, and human rights among the national values and principles of governance.”
ICJ’s urge
The CS has been accused of overstepping her mandate by claiming the responsibilities assigned to the Ministry of Interior and National Administration, which is under Kithure Kindiki.
ICJ has now urged NPSC and the Inspector General of Police Japhet Koome to exercise their authority and denounce public lynching of police officers.
“The NPSC stamp its authority regarding its mandate and jealously protects it. The sovereign people of Kenya gave them that mandate, and they are the only ones who can remove or reallocate such powers. The Inspector General of Police to ensure he exercises full command and control of the Service, including denouncing public lynching of police officers as witnessed in Matisi,” ICJ added.