Commissioner of Police Dr. George Kainja Gets Injunction Against Redeployment
The High Court in Lilongwe has issued an injunction stopping President Peter Mutharika and Acting Police Inspector General Duncan Mwapasa from redeploying Commissioner of Police responsible for Research, Planning and Evaluation Dr George Kainja to the Malawi mission in Zimbabwe.
Dr. Kainja received communication of his redeployment as Deputy Ambassador of Malawi to Zimbabwe on 20 June 2020. He was being replaced by Senior Deputy Commissioner of Police Richard Luhanga.
The communication came in form of a memo from the office of the Inspector General of Police.
Dr Kainja has since obtained an injunction from the High Court in Lilongwe Thursday 25 June 2020 restraining the appointing authority President Peter Mutharika and the Inspector general of Police from affecting the appointment.
Dr Kainja has confirmed this to us in an interview Friday Morning saying he suspects foul play in his appointment describing it unconstitutional and an ambush as he was not at any point consulted that he would be moved to an embassy.
He says President Mutharika flouted Section 155 (2) of the constitution which restricts the President from moving officers of his rank, who are under the IG.
“Looking at it from a legal point of view, it is against the constitution. Section 155 (2) of the constitution restricts the President from moving police officers of my rank and below. He cannot go beyond the IG, it is the police that moves its officers,” elaborated Dr Kainja.
The injunction now means Dr Kainja will go back to work as a police officer.
Meanwhile Ministry of Justice Spokesperson Pilirani Masanjala says his office has not been served with documents yet.
Dr Kainjas appointment raised eyebrows among some quarters among the general public who feel it is politically motivated.