Nairobi — The High Court has issued an injunction to halt the suspension of 67 police officers following a decision made by Head of Public Service Felix Koskei.
The move follows a petition filed by activist Memba Ocharo, represented by lawyer Danstan Omari, who argued that Koskei’s decision was procedurally irregular.
Ocharo’s lawsuit aims to overturn the suspension, asserting that it directly violates constitutional provisions safeguarding the independence of the Chief of Staff and Head of Public Service offices.
The petition also called for a conservatory order to prevent any interference with the affected officers’ duties until further court orders.
Ocharo contended that the officers were not given an opportunity to present their case despite the potential negative consequences of implementing the suspension.
Furthermore, Ocharo argued that it is unlawful and improper for a state entity to issue instructions to an independent office that are clearly malicious and malevolent, as this contravenes Kenyan Constitutional Articles 245 (4) and 246 (3)(b).
Ocharo criticized the Ethics and Anti-Corruption Commission (EACC) for failing to uphold professional ethics, accountability for administrative actions, transparency, and timely provision of information to the public, in violation of Article 232 of the Kenyan Constitution.
On November 16, Felix Koskei directed the suspension of six Chief Executive Officers and 67 police officers, along with an accountant at the Kenya Rural Roads Authority (KeRRA), based on recommendations by the EACC. These officials are currently under investigation for alleged involvement in corruption and procurement irregularities.
Koskei’s directives were communicated to relevant Cabinet Secretaries and parastatal heads, with the EACC emphasizing that the continued employment of these officials during the ongoing inquiry would hinder its ability to carry out its duties.
A statement from State House Spokesman Hussein Mohamed on November 16 reiterated the government’s commitment to combating corruption, which it views as undermining its development agenda.