Susan Nakhumicha, the health cabinet secretary, ‘directed’ the transfer of Matisi OCS in Trans Nzoia county on Saturday in line with her “one government approach” statement.
Nakhumicha was speaking at the funeral service for a well-liked bouncer who died in Kitale during the riots last week.
“In the government we serve, we are doing something called ‘one-government approach’. It does not require the presence of Interior CS Kithure Kindiki to transfer the OSC in this area,” Nakhumicha said.
She asserted that in her function as a Cabinet Secretary, she has the authority to transfer an OCS on behalf of the President.
“So I’m here and I’m giving an order, county commandant if you are here or you can hear me from wherever you are, by tomorrow (Sunday) the Matisi OCS should be gone.”
She said her instructions are final and all that remains is for her to notify Kindiki about it.
But what does the law say?
According to Article 245(4) of the Constitution, the Cabinet secretary responsible for police services may lawfully give a direction to the Inspector General with respect to any matter of policy for the National Police Service.
It says no person may give a direction to the Inspector General with respect to the investigation of any particular offence or offences, the enforcement of the law against any particular person or persons or the employment, assignment, promotion, suspension or dismissal of any member of the National Police Service.
The law further says 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.