CS Susan Nakhumicha's Order To Transfer Police Officer Is An Empty Rant, Lawyer Evans Ogada

• Health Cabinet Secretary Susan Nakhumicha was on the spot for ordering Trans Nzoia Police Commander to transfer Matisi OCS
• Her sentiments were not received well by a section of Kenyans who accused her of interfering with the independence of police
• Constitutional lawyer and law lecturer Evans Ogada said Nakhumicha's orders were an empty rant that was not backed by the laws of the land

Constitutional Lawyer and legal scholar Evans Ogada has rubbished Health Cabinet Secretary Susan Nakhumicha over her remarks concerning the immediate transfer of a police officer.

CS Susan Nakhumicha orders transfer of OCS

The CS was on the spot following her orders, directing Trans Nzoia County Police Commander to transfer Matisi Officer Commanding Station (OCS) over what she described as rising insecurity.

Nakhumicha, speaking during the burial of Joseph Marango alias “The Terminator”, her former bodyguard who was killed during recent protests, ordered the county police boss to implement the transfer directive immediately.

She affirmed that her word was equivalent to that of the head of state and her Interior counterpart Kithure Kindiki.

The utterances ignited backlash from across the country, with a section of citizen terming them as arrogance of the highest order.

Kenyan law on transfer of police officers

Speaking exclusively to TUKO.co.ke, Ogada said the extraordinary order by the CS was nothing much of an empty rant.

“The CS is out of line and got it wrong. The transfer of a police officer is an operational decision that can only be made by the Inspector General of Police under the Constitution and the laws of Kenya,” Ogada stated.

According to the Constitution of Kenya 2010, Article 245 (4), the Cabinet Secretary responsible for police services may lawfully give direction to the Inspector General with respect to any matter of policy for the National Police Service, but no person may give a direction to the Inspector General with respect to:

“(a) the investigation of any particular offence or offences; (b) the enforcement of the law against any particular person or persons; or (c) the employment, assignment, promotion, suspension or dismissal of any member of the National Police Service.

“(5) Any direction given to the Inspector-General by the Cabinet secretary responsible for police services under clause (4), or any direction given to the Inspector-General by the Director of Public Prosecutions under Article 157(4), shall be in writing,” reads the Constitution.

Powers of Kenyan Cabinet Secretaries

Ogada said that Nakhumicha was nescient on when the principle of collegiate responsibility is applicable, thus her assumption that she had the powers to direct a police boss to transfer their juniors.

“The CS appears to be referring to the principle of collegiate responsibility in her public rant. The principle only applies to decisions made in Cabinet, where each CS will be required as an agent of the President and Cabinet to help in implementing those decisions.

“The principle does not authorise arbitrary exercise of authority. Not even the CS in charge of Internal Security should deal with police operations,” Ogada argued.

Nakhumicha is among Cabinet Secretaries serving in the executive arm of the government for the first term, courtesy of an appointment by President William Ruto.