The High Court in Nairobi has quashed President William Ruto’s appointment of Bernice Sialaal Lemedeket as Principal Administrative Secretary and Accounting officer of the National Police Service.
In a virtual judgment delivered via video link on Tuesday, Justice Byram Ongaya said the appointment was null and void as it was made without the enabling constitutional and statutory provisions of the law.
“It was an appointment to a fictitious office that had not been established at all,” the verdict read in part.
“The order of judicial review by way of certiorari is hereby issued and quashing the respondent’s press release and or gazette notice No. 14712 and or any document of the purported nomination.”
The ruling followed an application filed by Dr Magare Gikenyi, a Nakuru surgeon.
Justice Ongaya said for the avoidance of doubt, the Inspector General of Police is the designated Accounting officer of the National Police Service by dint of Article 245 of the Constitution and the National Police Service Act, and Public Finance Management Act.
He said the IG is by law assisted in that role by deputy IGs of the Kenya Police Service, the Administration Police Service and the Director General of criminal investigations.
“The petitioner is awarded costs of the petition payable by the first respondent and the other parties to bear their own costs of the proceedings,” Justice Ongaya ruled.
Sialaal was appointed by President William Ruto on November 2, 2022
Until her appointment, Sialaal had been working at the Kenya Pipeline Company Corporation Foundation as Corporate Social Responsibility Manager.
She boasts of over 12 years of experience in the development field with vast experience in community networking, partnership development, project conceptualization and resource mobilization.
