A Non-Governmental Organization (NGO), filed a petition against the Inspector General of Police (IG), the National Police Service (NPS), and the Attorney General, challenging the unilateral control of the police payroll.
The Sheria Mtaani na Shadrack Wambui, argued that the IG and NPS’s control of payroll functions undermines the National Police Service Commission’s (NPSC) constitutional mandate over human resource management.
The petition was filed at the High Court by the NGO’s lawyer Danstan Omari.
“The unilateral control of the payroll by the Inspector General undermines the Commission’s human resource mandate and creates a risk of alteration or deletion of payroll records, frustration of ongoing disciplinary and recruitment processes, breach of due process under Article 47, and institutional paralysis,” read part of the court documents.
According to the petition, payroll management is essential for the Commission to implement recruitment, promotion, transfer, and disciplinary decisions.
“Without access, the Commission’s constitutional power becomes “illusory,” the petition alleged.
The conflict became public on August 4, when reports emerged that the IG and the NPSC disagreed over authority to manage payroll.
The Public Accounts Committee directed the IG to hand over payroll functions to the Commission, describing it as the employer of the National Police Service.
“This Court must urgently intervene to safeguard the integrity of police governance, protect constitutional separation of powers, and maintain public confidence in the National Police Service,” said Omari.
The petition seeks conservatory orders restraining the IG, NPS, and the Attorney General from taking further action regarding payroll management pending the court’s determination.
The NGO is also asking the court to compel the IG to preserve the status quo on all payroll records and systems.
The High Court has been asked to hear the matter as urgent during the current recess, running from August 1 to September 15.
“Recess jurisdiction exists precisely to address such scenarios where strict adherence to vacation schedules would undermine the timely administration of justice,” read the court documents.
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