Court Stops IG Koome From Implementing The Promotion of 514 Officers

NAIROBI, Kenya June 22 -Employment and Labour Relations Court on June 22 stopped the Inspector General of Police from implementing the promotion of 514 senior officers.

Justice Bryam Ongaya of issued a temporary order barring the Inspector General Japhet Koome penfding the inter partes hearing of a petition filed by Busia Senator Okiya Omtatah

“Pending the inter partes hearing of the application or further orders by the Court, ad interim orders are hereby given staying the implementation of promotions affecting 514 police officers said to have been unilaterally effected on 5^th June 2023 in the National Police Service,” ruled the Judge.

Justice Ongaya further issued orders staying the implementation of the memo by the Koome on June 9 prohibiting police officers from applying to fill the 514 vacancies in the National Police Service as already advertised in the press by the National Police Service Commission.

The NPSC has also been ordered to forthwith convene a meeting of all the parties with a view of amicably considering to resolve the dispute within its investigative, conciliation, mediation and negotiation functions and powers envisaged in Article 252(1) (a) and (b) of the Constitution.

Under Article 252 of the Constitution, each commission, and each holder of an independent office may conduct investigations on its own initiative or on a complaint made by a member of the public, and has the powers necessary for conciliation, mediation and negotiation.

Justice Ongaya said a compromise may be recorded in Court at next date for inter partes hearing, further directing that the hearing of the application or further orders and directions will be on June 29.

Omtatah and activist Michael Otieno in their petition filed at the High Court challenged the promotions, saying Koome did not follow the right procedure, and wants the court to suspend the promotions.

“The promoted officers were arbitrarily handpicked and largely skewed towards two communities, cronies and relatives of senior officers. Some of the beneficiaries had not even completed the mandatory three-year stay in one rank before being promoted to the next,” said Omtatah.

They sought an orders quashing IG’s unilateral promotion of the officers without reference to the NPSC; quashing IG’s memo dated June 9, instructing senior officers to inform the security agents under their command to disregard the NPSC’s advertisement; and an order of Mandamus compelling the NPSC to, strictly in accordance with the law, proceed and fill the 514 vacancies in the NPS as it advertised in the press on June 9.

Earlier court rulings had declared that the IG has no unilateral powers to “recruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions and transfers within the NPS”.

Article 246 (3)(a) of the Constitution of Kenya, 2010 categorically states that the human resource functions are the exclusive mandate of the NPSC.

Sections 10, 11 and 12 of the NPSC Act, and the NPSC (Promotions) Regulations, 2015, also expressly spell out the mandate of the Commission.

While appearing in Parliament on Tuesday, Interior Cabinet Secretary Prof Kithure Kindiki warned that the public exchanges of letters and press releases between Koome and the NPSC chairman Eliud Kinuthia was not only a violation of Chapter Six of Constitution on leadership and integrity but also the highest level of irresponsibility that continued to erode public confidence.

CS Kindiki has warned that the incessant wrangles over perceived overlapping of mandates could easily give basis for removal from office through a tribunal for gross misconduct and for undermining the Constitution.