The case of a Nakuru Flying squad officer who had moved to court to stop his transfer to Marsabit failed to take off on Tuesday after the Police Service and Director of Criminal Investigations’ lawyer said they had not been served with notice of motion.
Respondent’s lawyer Nguyo Wachira insisted that they had not been served with the notice of motion regarding the suit and were therefore not ready to proceed with the matter.
Samuel Barongo had moved to High Court seeking to quash his immediate transfer to Marsabit, Longayalani division, arguing that the his transfer letter had been by junior officer contrary to the law.
“The transfer is in bad faith and is as a result of the investigation which he is undertaking in respect of theft of goods worth Sh70 million involving three police officers," reads part of Barongo's application drawn up by his lawyer Solomon Mburu.
Through Mburu, Barongo also argues that no explanation had been given for his transfer contrary to laid-down rules.
"The letter is signed by Jacinta Kinyua, a junior officer on behalf of Director of Criminal Investigations, indicating that I have been transferred to Longayalani in Marsabit as a Deputy Criminal Investigations Officer," says Barongo in an affidavit.
On July 28, Lady Justice Maureen Odero ordered the suspension of the transfer until the substantive suit is heard and determined.
Barongo was investigating a heist in which the three officers are facing charges of robbery with violence in a Nakuru court.
He said that only the Inspector General of Police has powers to transfer a police officer and this should be done without delegation of the said powers to another department in police service.
Justice Odero ordered his lawyer to serve the defense with files by today.
The case will be mentioned on October 9 for further directions.