NAIROBI, Kenya, Apr 28- Inspector General of Police Hillary Mutyambai and National Police Service Commission chairperson Eliud Kinuthia are in trouble, for disobeying a court order staying a move to reduce graduate officers’ salary.
In a ruling issued on Thursday, the Employment and Labours Relations Court, the police boss and the NPSC chairperson will now not be granted any audience until they comply with the December 15, 2021 orders.
Further, the police commission chairperson has been summoned to the court, “to show cause why he should not be cited for contempt of court and punished for disobeying the Order of stay by this court on 15th December, 2021.”
The ruling was issued by Judge Mathews Nduma.
This is in a case where three graduate police officers have sued the IG and NPSC chairperson for slashing their salaries without proper justification.
The officers affected by the November 17, 2021 order by the Deputy Inspector General of Kenya Police were constables who had earned a promotion to the position of
Inspector of police after graduating with undergraduate degrees.
The graduate officers were moved from Job Group J to F.
In their short-lived salaries under the inspector rank, the officers said they used to earn a monthly salary of Sh57,300, a house allowance of Sh24,950, a Sh4,000 commuter allowance, and a risk allowance of Sh11,000.
This only lasted until October, 2021 when their pay was reduced to amounts earned by police constables; a junior grade, just below the rank of inspector.
Police constables earn a monthly salary of Sh31,000, a house allowance of Sh14,300, a risk allowance of Sh9,000 and a commuter allowance of Sh4,000.
They moved to court challenging the move but despite a stay, the officers continue to earn a monthly salary of a police constable.
The Judge, in his ruling on Thursday termed the move by the IG and NSPC chairperson as “open, blatant and willful defiance of the court orders…”
He pointed out that, “the Court is not prepared to engage in flexing of muscles between itself and the ever endowed executive, on which Courts relies on to have its orders implemented.”
He said if the interim court orders were being disobeyed, “there cannot be any useful purpose for the court to give audience to a party who is only prepared to obey the Court orders if they are made in its favour.”
The Judge said the court must be “steadfast” in ensuring that the “low and the mighty give deference to its orders and obey them without exception.”
“This is not done to uphold the Integrity of the Judiciary or the Court or even the personal ego of the presiding Judge. Neither is about preserving and safeguarding the rule of law. A party who walks through the Justice door with a court order in his hand must be assured the order will be obeyed by those to who it is directed,” he asserted.
The case is by three officers identified as Ayub Gikonyo Mathenge, Mbusiro Christine Dorothy and Robinson Kipkorir Cheruiyot.
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