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The security personnel guarding the homes of the National Police Service Commission (NPSC) chairman Eliud Kinuthia and the Chief Executive Officer Peter Leley have been withdrawn.

The two are left with their bodyguards.

The move is believed to have been prompted by the ongoing standoff between the Commission and the Inspector General of Police Japhet Koome over the promotion of 514 senior officers.

A total of 22 officers attached to Kinuthia’s Lamu and Nairobi homes were withdrawn at the weekend.

NPSC chairman confirmed the withdrawal and complained saying he was only left with one officer who normally accompanies him.

He, however, said he will not be distracted and will continue to “protect the Constitution and correct the mess within the service”.

“I am at home. I can’t leave because they withdrew my security,” Kinuthia told People Daily.

Some senior officers said the officers attached to the senior officials had been recalled for further training.

Disciplinary sanctions

Last week, the commission placed an advertisement in the dailies calling for applications from police for 514 positions that had already been filled through promotions by Koome.

Immediately, Koome sent a memo to his officers to ignore the advert warning that any police officer who fails to heed his order will face disciplinary action.

“I therefore direct that all officers under your command should be informed to ignore the advertisement and that any officer who fails to heed the directive may face disciplinary sanctions,” said Koome in an internal memo to all police commanders.

The memo was dated June 9, 2023 and was sent to all officers in the Kenya police, Administration Police and Directorate of Criminal Investigations.

After Koome promoted the officers, the NPSC declared decision as unlawful, irregular and un-procedural, saying the Inspector General had no such authority in law.

Leley had warned that the purported promotions to select officers would attract personal liability should the officers in question obtain benefits due to the ranks.

The newly appointed commandant of the General Service Unit Eliud Lagat, the deputy Director of Criminal Investigations Nicholas Kamwende and the director of DCI’s Investigations Bureau (IB) Abdallah Komesha have been promoted to the rank of Senior Assistant Inspector General (SAIG). Also promoted to the rank of SAIG is David Birech, the Director of Internal Affairs Unit (IAU) All new regional police commanders who were of the rank of Commissioner of Police (CP) were promoted to the rank of Assistant Inspector General (AIG). They include Nairobi Regional Police Commander Adamson Bungei, Mombasa’s Peter Kimani, North Eastern’s Tom Muriithi and Eastern’s Joseph Napeiyan.

Also promoted to the rank of AIG is the National Police Service (NPS) spokesperson Resila Kurgat.

Leley, however, said NPSC could not ascertain the merits of the said promotions as there were no related vacancies declared nor approved by the Commission.

He further warned that the Commission will hold personally liable any officer who implements such a directive on promotions without a written determination of the Commission.

The Commission maintained that promotions in the NPS must be based on merit, equal and fair opportunity to all members of the Service.

“Promotions must also be equitable and have considerations on gender and regional balance and must meet requirements of ethics and integrity,” the NPSC said.

Both the Commission and the police boss have not been enjoying a good working relationship in the past few months.

Legal policy

On May 30, the NPSC Chief Executive and commissioners appeared before the National Assembly’s Constitutional Implementation Oversight Committee where they accused Koome of refusing to implement some of their decisions, and had instead usurped its human resource functions.

The Commission maintained that the IG was subordinate to the NPSC and should fully comply with the legal policy, and institutional regulatory framework guiding the Commission’s human resource functions.

“The Inspector General of Police has severally cited Article 245(4) of the Constitution as the reason for not implementing decisions of the Commission on recruitment, appointments, confirmation in appointments, dismissal, transfers and promotions,” the NPSC told the committee.

NPSC said Koome’s actions had resulted in numerous irregular and un-procedural decisions with ethical, legal and public finance management implications.

Under Article 246(3), the functions of the commission include 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.”

Article 239(5) stipulates that the national security organs are subordinate to civilian authority.