High court has suspended Head of Public Service Felix Koskei decision to suspend 67 police officers over corruption.
“THAT A conservatory order is also issued restraining the respondents, their agents or any other person from interfering with the interested parties’ discharge of their duties until further orders of the court,”reads court papers
An activist Memba Ocharo moved to court to challenge the desiocn on grounds that Koskei’s action of recommending police officers for suspension is procedurally irregular and constitutes a direct contravention of constitutional provisions safeguarding the independence of the office of the 2nd Respondent.
Ocharo argues that they i were not accorded an opportunity to present their case, despite the potential prejudicial impact of the recommendation’s implementation.
“A state officer of the rank of the Head of Public Service can not purport to implement an intended action that is clearly malicious and baseless in total disregard of the welfare of the concerned police officers,”they argue
Through lawyer Danstan Omari Ocharo argue that It is against the law for a state organ to issue a clearly illegal, unprocedural and malicious instructions to an independent office as that is an insult to articles 245 (4) and 246 (3)(b) of the Constitution of Kenya.
“it is quite unfortunate that the 1st Respondent has failed to uphold high standards of professional ethics, is not accountable for his administrative actions, is not transparent and has equally failed in the provision to the public of timely, accurate information contrary to Article 232 of the Constitution of Kenya.,”reads court papers
Last week Koskei made the directive on the recommendation of the Ethics and Anti-Corruption Commission (EACC). In a letter dated November 10, EACC chief executive officer Twalib Mbarak said the officers were arrested for receiving bribes and related malpractices.