Protesters carry a coffin and a picture of murdered taxi driver Muiruri during demonstrations in Nairobi on Monday.
Since the disappearance of the lawyer Kimani, taxi driver Muiruri and boda boda rider Mwenda, there have been numerous claims that Nkaissery, Cabinet Secretary for Internal Affairs, and Inspector-General Boinnet should be dismissed. Since the bodies of the victims were discovered four days ago, the call for their dismissal has intensified.
Various studies show that killings by the police are not unusual. Innocent people disappear and many are tortured. Most people are terrified of an encounter with the police, and prefer to bribe them rather than insist on their legal rights.
Many Kenyans regard their country as a police and military state, a legacy of colonialism. Kenya is now widely recognised as a haven of the impunity of state officials.
It is not my intention to discuss the brutality of and extortions by the police, but to discuss the legal or political grounds for the dismissal or resignation of the internal affairs cabinet secretary and the inspector-general.
Attempts to implement reforms in the administration and behaviour of the police are derided by Nkaissery, who shows scant respect for the Constitution, while Boinnet has failed to assert his constitutional role as the head of a critical, independent service and seems to acquiesce in instructions from the President.
In many democratic countries more ministers lose office by resignation than by dismissal.
Reasons for resignation include ill-health, retirement, disagreement with the government (fairly common), loss of support of the ruling party or the legislature, aspersions on integrity or competence, and major scandal in the ministry.
In many cases the minister is not directly responsible for negligence or incompetence, but takes responsibility for the failure in the ministry. In some cases the minister has resigned when accused of corruption or other offense, even though innocent. The decision is that of the minister, though the government leader or the party may have put some pressure.
Rarely, the legislature may pass a vote of no confidence which is likely to lead to resignation.
The power to dismiss the minister usually lies with the president or the prime minister where the head of government has dismissed the minister include moral turpitude, criminal act, or gross misjudgment, as well as political disagreement, although the power to dismiss is not limited to any specific grounds.