Nakhumicha ‘orders’ transfer of Matisi OCS

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Health Cabinet Secretary Susan Nakhumicha on Saturday ‘ordered’ the transfer of Matisi OCS in Trans Nzoia county in what she termed as “one government approach”.

Nakhumicha was speaking during the burial ceremony of a popular bouncer who was killed in Kitale during last week’s protests.

“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 said as a representative of the President, she has the power to transfer an OCS in her capacity as a Cabinet Secretary.

“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.

However, a senior police officer who spoke to the Star said a transfer is not even mandated to a CS, as Article 245 of the Constitution is very clear

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.  BY THE STAR

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