A former Administration Police Commandant has said the vetting board that declared him unfit to serve was illegal.
Mr Eusebius Karuti Laibuta said that the decision to discontinue him from the police service was made without following due process as the commission was required to have a quorum of at least five, not excluding Inspector General of Police David Kimaiyo and his deputies Grace Kaindi and Samuel Aradi.
The three police chiefs, he said, were not present during his vetting as required by the Police Service Act.
“The quorum according to the National Police Service Commission Act requires at least five panellists, without the exclusion of ex-officio members who are Mr Kimaiyo, Ms Kaindi and Mr Aradi, the board only had four and the three were not present,” said Mr Laibuta.
Through his lawyer Guandaru Thuita, the Emali AP commandant has sued the National Police Service Commission and the Attorney-General and he is seeking an order barring his replacement as well as withdrawal of any privileges, rights and benefits that he has been receiving.
Mr Laibuta alleges that the commission failed to take into account relevant factors like his academic qualifications, his initial sterling performance appraisals by various institutions including two former heads of state.
Lady Justice Mumbi Ngugi only certified the case as urgent, but declined to grant any order.
The case will be heard on Monday by Judge George Odunga.
Source: Daily Nations