The office of the Inspector General of the National Police Service is created by Article 245 of the Constitution of Kenya.
The Article states that no person may give a direction to the Inspector General with respect to:
(a) The investigation of any particular offence or offences.
(b) The enforcement of the law against any particular person or persons.
(c) The employment, assignment promotion, suspension or dismissal of any member of the National Assembly.
Article 244 of the Constitution provides that the National Police shall prevent corruption and promote and practice transparency and accountability. The Article 10 of the Constitution of Kenya 2010 entrenches National values and principles of governance including the rule of law, democracy, human dignity, equity human rights, non discrimination, good governance, integrity, transparency and accountability and all of which are binding on the Inspector General of Police and his officers.
Chapter six of the Constitution of Kenya on Leadership and Integrity is binding on the Inspector General of Police and it proscribes discrimination and calls for objectivity, impartiality in decision making by state officers.
The blatant application of double standards by police officers in the matter of politicians having functions in the Counties of the former Wester Province of Kakamega, Bungoma, Busia, Vihiga and neighbouring Trans Nzoia is clearly evident. The political formation aligned to Hon. Raila Odinga and spearheaded in the region by Governor Wycliffe Oparanya and Devolution Cabinet Secretary Eugene Wamalwa are allowed to hold with abandon, with any number of people, meetings and gatherings howsoever described without police interference and on the other end any meetings, gatherings by the political formation allied to Deputy President William Ruto are harassed, teargassed, treated like criminals is totally contrary to the Constitution.
Mr. Inspector General of Police, the buck stops with you and not the politicians misusing your officers. Either nobody holds political gatherings or everybody holds political gatherings, period.
We are seeing trends, patterns of the notorious one party KANU dictatorship of the 1970s–1980s creeping back in Kenya and the Inspector General will be accountable for these gross violations of the Constitution, application of double standards. The Inspector General of Police is courting open rebellion, disrespect for the rule of law the police force when it becomes obvious his police officers are applying the law selectively in the former Western Province at the behest of politicians and who will bring the police force into disrepute, leading to political fights by those who feel victimized.
Mr. Inspector General stop these dangerous double standards, remove the police from the political circles of Kenya or you will regret it. You never know, you may stand trial yourself, be it at the ICC or any Court for that matter, for allowing the Police force to become a tool for politicians.
The police force must follow the Constitution, divorce itself from politics or it is doomed to be ridiculed, brought into disrepute and unwittingly contribute to the breakdown of the rule of law.
This partisanship must stop. The rule of law is colour blind to politicians, politics. Those using the Police as a tool of politics must be told off in no uncertain terms. The political playing field must remain level. That is what our constitution ordains.