|
Huafolo remains in
office as crimes’ head
By MICHELLE YIPRUKAMAN
RAPHAEL Huafolo will remain in office as assistant police commissioner
in charge of Crimes Division.
Acting Chief Justice Sir Salamo Injia last Friday dismissed the
application sought by the Police Association in seeking interim
injunctions to restrain Mr Huafolo from taking office until the
substantive hearing of a judicial review was heard and determined.
Leave for a review into the decision by Police Commissioner Gari Baki in
reinstating Mr Huafolo was granted on April 4.
Mr Baki reinstated Mr Huafolo on March 7 as assistant police
commissioner of Crimes Division after he was terminated by the then
acting police commissioner Fredrick Sheekiot last year after his
contract expired to which he was paid out a total of K86,000 in his
final entitlement
Sir Salamo said: “To interfere with the decision now in the short period
before the substantive application is heard and determined will mean
disturbing the status quo and creating more confusion and instability in
the Police Force.
“Consequently, the public interest in the efficient and good
administration of the Police Force will be affected.”
He was satisfied that the plaintiff had a serious issue to be tried as
to whether or not Mr Baki had properly followed procedures or exercised
his powers under Section 26 of the Police Act in reviewing Mr Sheekiot’s
earlier decision to terminate Mr Huafolo’s employment as assistant
commissioner of police (crimes) and to re-instate him under Section 33
of the Act respectively.
“At the same time, I am unable to reach a position as to whether the
plaintiff is likely to succeed at trial, given that the commissioner’s
power to appoint an assistant commissioner under a written contract of
employment is discretionary.
“In my view, both parties are placed in an equal position to argue their
respective cases,” the judge said.
Sir Salamo said the defendants would stand to suffer greater loss than
the plaintiff in terms of hardship and costs as the association was
fighting this case on a matter of principle.
The matter was adjourned to next Monday for directions into the
substantive hearing.
 
|
