The Labour Court has suspended the promotions of 514 officers, allegedly elevated illegally by the Inspector General of Police Japhet Koome.
Justice Byram Ongaya issued the orders on Thursday, June 22, 2023, following a suit filed by Busia Senator Okiya Omtatah, who argues that Koome usurped the role of the National Police Service Commission which has the legal mandate to promote officers.
"That pending the inter-partes hearing of the application or further orders by the court, interim orders are hereby given staying the implementation of promotions affecting 514 police officers said to have been unilaterally effected on June 5, 2023, in the National Police Service," Justice Ongaya ordered.
He issued orders staying the implementation of the memo by the Inspector General of Police said to have been issued on June 9, 2023, said to be prohibiting police officers from applying to fill the 514 vacancies in the National Police Service as already advertised by the National Police Service Commission.
The judge also issued an order to have the National Police Service Commission immediately convene a meeting for all parties in the suit including IG Koome with a view of amicably resolving the dispute as enriched under Article 252 of the constitution.
He directed that if the parties enter into an out-of-court settlement following the intended meeting consent may be filed in court during the inter-partes hearing on June 29, 2023, at 9:30 am.
The court has called for the meeting in order to settle the supremacy fight between the IG and National Police Service Commission which had split the National Police Service down the middle.
In his suit, Senator accused IG Koome of assuming the mandate of the National Police Service Commission (NPSC) in promoting the 514 police officers contrary to the Constitution.
Omtatah also challenged the decision of the IG for blocking the lawful promotion of police officers by the commission and is asking the court to determine who between the IG and NPSC has an exclusive human resource mandate.
In the court filings, Omtatah has faulted the IG for making the promotions of the officers on June 5, 2023, without reference to the NPSC.
Omtatah cites Article 246 (3)(a) of the Constitution of Kenya, 2010 which categorically states that the human resource functions of recruitment or appointment, confirmation of appointment, promotion, transfer, disciplinary control and removal of police officers within the National Police Service are the exclusive mandate of the National Police Service Commission.
The senator informed the judge that the IG cannot act unilaterally because he is part of the nine-member commission that sits and decides on promotions, welfare and other personnel matters.
The legal suit stemmed from IG Koome's announcement that he had promoted 514 police officers within the National Police Service, with the promotions taking effect immediately.
But in a quick rejoinder, the National Police Service Commission denounced the IG's action, observing that they are unlawful and unprocedural as the Inspector General has no such authority in Law.
Currently, the supremacy battle between the IG and National Police Service Commission has split the National Police Service in the middle, with fears that if prolonged the stand-off would affect innocent police officers who are due for promotion but are now caught in the middle of a turf war.
In the petition, Omtatah has asked the Employment and Labour Relations Court to determine whether the human resource functions of recruitment or appointment, confirmation of appointment, promotion, transfer, disciplinary control and removal of police officers within the National Police Service are the exclusive mandate of the National Police Service Commission.
