Activist Okiya Omtatah has gone to court to challenge the changes made in the police service by President Uhuru Kenyatta on Thursday.
In the case filed at the High Court in Milimani, Nairobi, on Friday, Mr Omtatah wants the court to issue temporary order prohibiting the National Police Service from effecting to the reforms.
The reforms include changes in the structure and command of the service, integration of Kenya Police Service and Administration Police Service, change of uniforms, rebranding of colleges, and the introduction of housing allowances for junior officers.
Mr Omtatah argues that they are untenable under the law, especially given violations of provisions of the Constitution.
In the petition filed certificate of urgency, he says the directive by President Kenyatta and recommendations by the taskforce are illegal because only the Inspector General of Police has the power to issue them.
It is his argument that both the president and the taskforce have no power under the Constitution to effect changes in the structure, command and functioning of the National Police Service (NPS)
“Nobody, including the President and the taskforce, can direct the Inspector General on what to do,” he said.
Mr Omtatah added that the changes were made without consultation or public participation.
He said the taskforce did not give Kenyans the opportunity to give their input on the proposal, including on the change of uniforms and house allowances for junior police officers.
Mr Omtatah further said the changes on policy framework the restructuring of the command and functioning of the NPS cannot be effected immediately irrespective of merits and demerits.
He noted that since the current police structure is based on the Constitution, it cannot be changed by any person or authority, however well meaning, without amendments.