High Court stops Head of Public Service Felix Koskei's decision to suspend 67 police officers

This follows a petition filed by activist Memba Ocharo who argues that Koskei's decision was "procedurally irregular."

“That a conservatory order is also issued restraining the respondents, their agents or any other person from interfering with the interested parties' discharge of their duties until further orders of the court,” reads court papers.

Activist Ocharo moved to court to challenge the decision on grounds that Koskei’s action of recommending suspension of the officers was irregular and constituted a direct contravention of constitutional provisions safeguarding the independence of the office of the Chief of Staff and Head of Public Service.

Ocharo argues that the officers were not accorded an opportunity to present their case, despite the potential prejudicial impact of the recommendation's implementation.

“A state officer of the rank of the Head of Public Service can not purport to implement an intended action that is clearly malicious and baseless in total disregard of the welfare of the concerned police officers,” they argue.

Through lawyer Danstan Omari, the activist argues that it is against the law for a state organ to issue clearly illegal, unprocedural and malicious instructions to an independent office as that is an insult to articles 245 (4) and 246 (3)(b) of the Constitution of Kenya. 

“It is quite unfortunate that the 1st Respondent (EACC) has failed to uphold high standards of professional ethics, is not accountable for his administrative actions, is not transparent and has equally failed in the provision to the public of timely, accurate information contrary to Article 232 of the Constitution of Kenya.,” reads court papers.

Last week, Koskei ordered the suspension of six Chief Executive Officers over alleged corruption and procurement irregularities in their institutions.

The Head of Public Service made the directive on the recommendation of the Ethics and Anti-Corruption Commission (EACC). In a letter dated November 10, EACC Chief Executive Officer Twalib Mbarak said the officers were arrested for receiving bribes and related malpractices.

Koskei also ordered for the suspension of 67 police officers and an accountant at the Kenya Rural Roads Authority (KeRRA).