According to legal experts, Mr Kinoti is facing a possible removal from office, his freedom is at risk and his competence and aptitude are endangered.
The experts say that if Mr Kinoti does not ensure the arrangement of his conviction suspending soon, the situation would be so dire that any instrument he signs and makes decisions in fulfilling his duties as a DCI would have legal implications.
The seven-day window that. Mr. Kinoti was granted by a court on November 18th to present himself in the maximum security prison Kamiti, lapsed yesterday when the attorney general battled the prison sentence.
The AG demanded that the court give an immediate The sentence was suspended and an arrest warrant ordered, but Judge Anthony Mrima declined, saying the court must hear the motion first.
“If he is not given a suspension from the court, his freedom is at risk. He will be exposed during a deportation because anyone can initiate disciplinary proceedings for his release. There are many ways to remove an officer from the police force, “said Charles Kanjama, a lawyer.
Options to remove an officer include the relevant National Police Service Commission (NPSC). for disciplinary matters of the police or the Public Service Commission (PSC), which is responsible for public and state officials, said the attorney.
Mr. Kinoti can also be deposed through a judicial process or through parliament, where the lawmakers debate the behavior of a state official and recommend deportation, he added.
Mr. Adrian Kamotho Njenga, another lawyer, said the situation was bad for Mr. Kinoti because if he did not act as directed by the prison authorities If he were handed over, he would be viewed as further contempt.
“The danger is that he will be arrested because a competent court has ordered him to serve a prison sentence. It is not logical or legally feasible that you are a convict and are still in office at the same time. Any Kenyan will likely request his removal, ”said Mr Njenga.
Technically, a job has become vacant in the DCI office. As soon as a court declares that Mr. Kinoti has violated the constitution and he is convicted, it means he is unable to perform his duties.
“His ability to perform matters of this office will be wiped out and when Always If a person is sworn in to this office as director, he is actually obliged to take the oath. The oath provides that you will at all times perform functions of this office in accordance with the law and obey all lawful orders, etc., “he said.
The attorney argued that the AG should have the conviction immediately appealed to save Mr Kinoti from likely legal challenges.
“Even if Mr Kinoti goes to the Court of Appeal, he may not be eligible for suspension because he will continue to be despised. Unless he removes contempt by facing prison, he will not have an audience in court for failing to comply with the policy. So he has to report to the prison and argue from there, “said Mr. Njenga.
Danstan Omari, another lawyer, said that if the court does not suspend his decision, Mr. Kinoti” becomes a refugee who “Hiding from the law.”
However, he added that while the DCI chief is a civil servant, the procedure for his dismissal is not sophisticated because he lacks constitutional security.
< p> “So it can only be decided by the appointing authority about your dismissal. He has been in prison for four months. According to the labor law, you will only lose your job if you have been detained for more than six months. Kinoti can go to jail, serve his sentence, come back and continue serving as director of DCI, “argued Mr. Omari.
He added that the court was not reviewing at the time the court sentenced Mr. Kinoti have made the opportunity to detain Mr. Kinoti.
“How are you going to implement the order? We look at previous court decisions that issued several arrest warrants and orders against government officials that were never followed. Under President Uhuru Kenyatta’s regime, compliance with court orders is a problem, “he said.
Attorney Kipkoech Ng’etich said the conviction and failure of Mr. Kinoti to jail means that he does not meet the requirements fulfill the sixth chapter of the constitution.
“This means that he lacks the mandatory integrity and he is unable to hold public office. It also means that Kinoti rose against the rule of law and constitutionalism. He will be banned from the law office, ”said Mr. Ng’etich.
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