Moments after the Court of Appeal vested the National Police Service (NPS) with powers to recruit, manage and promote police officers, Inspector-General Douglas Kanja issued letters of promotion to 300 individuals.
Sources in the police service said that more promotions are expected in the coming days, as the NPS starts to restructure its operations in preparations for the 2027 General Election.
On Friday, the Court of Appeal entered judgment in a case filed by the National Police Service Commission (NPSC) and the Law Society of Kenya (LSK) seeking clarification over who, between the NPS and the NPSC, controls the human resource function of the police service.
The court clarified that the NPSC’s authority is limited to civilian personnel within the police service.
The service halted promotions in February after the case challenging the powers of the IG was filed in court.
Of those promoted, 85 officers have been moved from the rank of Chief Inspector to Assistant Superintendent of Police. The promotions have opened the doors for the individuals to be appointed as sub-county police commander or divisional criminal investigations officers.
Another 215 junior officers in the ranks of corporal to senior sergeant have also received their letters of promotion.
Deputy Inspector-General of Police Eliud Lagat.
Photo credit: File
“Promotions are part of our day-to-day operations as the National Police Service. There can never be a vacuum. The Inspector-General is just doing his work as the court affirmed,” Mr Lagat said.
Among those expected to be promoted in the coming days to cure a structural oddity is General Service Unit Commandant Johana Tonui. Mr Tonui still holds the rank of Assistant Inspector-General of Police, yet the holder of the office must, by law, be at the rank of Senior Assistant Inspector-General.
William Sawe, the head of President William Ruto’s security team, is also expected to be promoted to Senior Assistant Inspector-General to cure a similar oddity. Mr Sawe was appointed in May as the head of the Presidential Escort Unit following a series of security breaches.
In June, a confidential report handed to President Ruto warned that Mr Kanja is unable to adequately undertake preparations for the 2027 General Election on account of the turf wars pitting the NPS against the NPSC. The report stated that unless there was urgent intervention, the infighting could lead to late preparations and compromise of national security.
“The prolonged dispute has the potential to adversely affect career progression, succession planning and leadership continuity within the service by delaying the filling of vacancies arising from retirement, death, resignation, incapacity or other forms of attrition with potential implications for operational effectiveness and command stability,” the report stated.
“Stay of promotion functions may result in prolonged vacancies at critical command levels with attendant implications for operational efficiency, command effectiveness and national security,” it added.
The report was a subject of discussion at a meeting held at Deputy President Kithure Kindiki’s official residence in Karen on June 18. The DP had summoned NPSC commissioners in a bid to resolve the feud between the uniformed and civilian members. Also present at the meeting were Interior Cabinet Secretary Kipchumba Murkomen and Interior Principal Secretary Raymond Omollo.
During the closed-door meeting, Prof Kindiki asked NPSC Chairperson Yuda Komora to withdraw the Court of Appeal case to enable the police service to continue with operations uninterrupted. The five-hour meeting did not resolve the impasse, which the courts have now determined in favour of the NPS and uniformed members of the NPSC.
Mr Amani Yuda Komora.
Photo credit: Billy Ogada | Nation Media Group
The Employment and Labour Relations Court had held that the NPSC does not have constitutional authority over recruitment, promotion and dismissal of police officers. The Court of Appeal agreed with that decision, stating that those powers fall under the independent command of the Inspector-General and the NPS.
