BY SAM ALFAN.
The High court has declared the decision to downgrade job groups of graduate police officers and reduction of their salaries four years ago as illegal.
Employment and labour relations court judge Mathews Nduma overturned the decision and directed the Inspector General of Police and the National police Service Commission to restore the slashed salaries, immediately.
“A declaration is issued that the Inspector General and Police Commission’ unilateral decision to reduce graduate officers recruited on diverse dates pay from Job Group ‘J’ to Job Group ‘F’ offends the provisions of Articles 10, 27, 41, and 47 of the Constitution of Kenya, 2010 as read together with Section 4 and 7 of the Fair Administrative Actions Act of 2015,” ruled the judge in his decision.
The court further permanently prohibited the IG and the Commission from downgrading the rank of the graduate constables from Job group ‘J’ to group ‘F’.
“The Court is satisfied that the decision was taken by the IG and Police Commission but was implemented by the IG vide the letter dated 17th November, 2021,” ruled Judge Nderi.
The Judge added that the Court was satisfied that the reduction in salary and rank was not preceded by a notice to the graduate constables and the decision was implemented by the IG and Police Commission without giving them an opportunity to be heard.
The court noted that the graduate officers’ protestation of the decision was ignored by the respondents and the applicants did not have any opportunity to be heard on review and or appeal of the adverse decision that had befallen them.
“It is common cause that the recruitment of Graduate Police Constables in Job Group J was founded on a circular issued on 1st January, 1969 by the then Commission of Police and a letter issued on 26th July, 1995 by the Permanent Secretary responsible for Police Service at the time,” said the Judge Ndeli.
Five police officers including Ayubu Mathenge, Mbusiro Dorothy and Robinson Cheruiyot through lawyer Danstan Omari moved to court seeking to declare the move as illegal.
The officers also applied for the court to quash the directive and compel the IG and the commission to pay them the salaries under terms in which they were recruited in 2013. The entry salary then was equivalent to that of an inspector.
Lawyer Omari argued that the IG, by a letter dated November 17, 2021 addressed to the deputy IG directed that the graduate officers’ salary be reduced from that earned in job group J to that earned in group F and effectively demoted them.
They argued the said directive was irregular, unlawful, arbitrary and issued in excess of authority since under section 10 the National Police Service Act, which provides for the functions of the IG does not include the power to hire, fine or demote members on NPSC.
They added that the duty to recruit, promote and demote members of NPS lies within the functions of the National Police Service Commission and the commission did not delegate any of its powers of demotion in writing to the IG before the impugned action was taken.
They added that Section 12 sets out the standard of service to be observed by the IG and Police Commission, and the respondents are bound by that statutory mandate.
Graduate officers said the demotions and salary reduction was carried out without notice, Public participation, consultation and or consent of the affected police officers and was unlawful, unreasonable, irregular and Contrary to Article 10(2) 41(1) & (2), and 47 of the Constitution and also violated provisions of Section 4 of the Fair Administrative Action Act, 2015.
National Police Service Commission told the Employment court that the current operative law with regard to police recruitment, appointment, promotion, transfer, discipline and deployment are the regulations as developed and gazetted by the National Police Service Commission upon its inception.
“All the previous regulations, circulars or directives relating to the human resource functions of the National Police Service were rendered obsolete upon enactment of the new laws and gazettement of the new regulations and guidelines by the Commission,” said the graduate officers.
