By Sam Alfan.
Transfers cannot be used in an irrational and to a disciplinary measure, a judge has said.
While reversing the transfer of an officer from Directorate of Criminal Investigations headquarters to Anti-Stock Theft Unit, the Employment and Labour relations added that frequent transfers, used a disciplinary measure ought to be discouraged.
Judge Nduma Nderi declared the transfer of DCI officer Martin Paul from DCI headquarters to Anti-Stock Theft Unit as unlawful, irregular and in violation of Article 10(2) 41(1) and 47(1) of the Constitution.
The court heard that the officer was transferred to the new station after serving in the previous station for three months only.
The judge said if the National Police Service has any issue with the discipline or performance of the officer or any police officer for that matter, transfer was not the go to measure.
“This, if frequently done, as is the case with the Petitioner, amounts to harassment, not only to the officer but also to his family with psychological, financial and educational implication on the officer and his family who
in this case are school going children,” said Justice Nderi.
The Judge the latest posting, coupled with his past frequent transfers was irrational, unfair and a violation of National Police Service Standing Order 6(2) which provides that an officer shall serve in duty station continuously for at least one year.
“The court finds that the manner in which the Petitioner (Paul) has been frequently deployed and transferred suggests that the transfer is being used as a disciplinary manner, which should not happen. Such conduct violates Articles 41(1) and 47(1) of the Constitution and therefore does not only constitute unfair Labour practice but also amounts to unfair administrative action,” said the judge in his decision.
Paul submitted in court documents that he has served previously in Isiolo and Mandera, before he was moved to Nairobi and posted to Buruburu Police Station, then to anti-stock theft unit.
