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Labour Court halts police recruitment over Harun Mwau suit
Inset: Former Kilome MP John Harun Mwau.
The planned recruitment of 10,000 police officers across the country has been halted by the Labour Court over the contention as to who should conduct the process between the Inspector-General of Police and the National Police Service Commission (NPSC).
Politician John Harun Mwau argued in the petition that the Constitution vests independent command of the National Police Service and provides that no person may give direction to the Police IG regarding the employment, assignment, promotion, suspension and even the dismissal of any member of the service.
Employment and Labour Relations court judge Hellen Wasilwa put the exercise, which was set to begin on October 3, on hold pending the determination of the petition.
“Interim conservatory order is hereby issued staying the entire recruitment pending resolution of the Petition,” said the judge Thursday.
The judge directed Mwau’s lawyers to serve the court documents on the respondents, including police boss Douglas Kanja, NPS, NPSC and Attorney-General Dorcas Oduor.
The case will be mention October 21 to confirm whether parties have complied with the directions and highlighting of submissions.
'Usurped powers'
Mwau submitted that NPSC has purported to usurp powers of the Police IG and NPS without right or authority and announced the process.
He said that unless the process is stopped, a large number of members of the public might be involved in an unconstitutional recruitment exercise, which is void and invalid under Article 2 of the Constitution.
He said the Commission’s actions, if not suspended, were likely to undermine the Constitution and national security.
The politician said NPSC is not a national security organ and cannot therefore purport to recruit under Article 238(2)(d) of the Constitution.
Mwau argues that under Article 245(4) of the Constitution, no person can give direction to the Inspector-General on the employment, assignment, promotion, suspension or dismissal of the members of the service.
He said the purport by the commission to recruit constables for the NPS contravenes article 245(2)(b) and (4) which provides that the Inspector-General shall exercise independent command of the national police service.
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