The High Court has been tasked to determine who should be in charge of the human resource functions in the National Police Service, including management of the police officers’ payroll.
This follows a dispute between the Inspector-General of Police Douglas Kanja and the National Police Service Commission (NPSC), with each demanding control of the Sh60 billion annual budget of the police.
The dispute started last month after the National Assembly’s Public Accounts Committee (PAC) directed Mr Kanja to transfer all accounting and human resource functions of the National Police Service (NPS) to the NPSC.
Mr Kanja defied on grounds that payroll management, particularly in relation to active duty police officers, falls within the operational command and control mandate. This is because payroll processing directly affects the deployment, readiness, and discipline of police officers.
For its part, the commission asserted that payroll management is part of its human resource mandate under the Constitution, citing its role in determining remuneration and benefits.
Resulting from the differences, lobby group Sheria Mtaani Na Shadrack Wambui, has petitioned the court to interpret the Constitution on who between the IG and NPSC holds the Constitutional authority to control and manage the salary and wages records in NPS.
“A dispute has arisen between the Inspector-General of Police and the National police Service Commission, regarding the control and management of the payroll of the National Police Service, raising weighty constitutional questions on the delineation of powers under Articles 245 and 246 of the Constitution,” reads the petition.
Article 245 outlines the command and structure of the NPS while article 246 outlines the functions of the Commission such as recruitment, appointments, promotions, disciplinary control, and removal of personnel within the NPS.
The court petition concerns the interpretation and application of the two sections of the Constitution.
However, the petitioners claim that the NPS payroll should be managed by the NPSC and its continued stay with the IG undermines the Commission’s human resource mandate.
“Payroll management is an integral human resource function that directly operationalizes the Commission’s constitutional mandate under Article 246(3), including recruitment, promotions, transfers, suspensions, interdictions, and enforcement of disciplinary measures,” says the petitioner, stating that constitutional controversy requires urgent intervention of the court.
According to the petitioner’s chairperson Mr Shadrack Wambui, payroll administration is not just a financial function but the principal administrative tool through which the Commission’s human resource decisions are affected.
Without control over payroll, the petitioners say the Commission’s powers under the Constitution are rendered illusory.
“The continued control of payroll by the Inspector-General risks creating conflicting command structures in police administration, thereby compromising national security principles under Article 238, which require adherence to the rule of law, respect for human rights, and avoidance of partisanship,” the petitioner states.
Pending determination of the case, the organization wants the court to issue a conservatory order directing the IG to preserve the status quo on all payroll data, records, and systems of the NPS.
“Without interim protection, there is a real and imminent risk that unilateral changes to payroll management will be effected, which could undermine the effectiveness of ongoing recruitment, promotions, and disciplinary processes; and further pose national security risk,” argues the petitioner.
They claim that the public confrontation between these constitutional offices has caused uncertainty, disruption, and potential constitutional violations affecting the governance of the National Police Service and this may pose national security risk.
Among the declarations sought is that the operational independence of the Inspector-General under does not extend to payroll management, which a human resource function is prescribed for the NPSC.
Separately, Interior Cabinet Secretary Kipchumba Murkomen threw his support behind the Inspector General of Police.
Mr Murkomen appears to lean towards having the IG take over the recruitment process while the commission undertakes the oversight role.
Speaking in Nakuru during the launch of the Jukwaa la Usalama platform, the CS said he will ensure to strike a balance between the roles of the National Police Service and the commission when it comes to the recruitment of police officers.
In his view, the commission can take the role of putting in place a policy framework on qualification standards while the National Police Service undertakes the recruitment role.
“A balance can be struck where the commission puts in place a policy framework on qualification standards, while identification can be done by the NPS based on the directive issued by the NPSC.
