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The High Court yesterday stopped the recent promotions of 514 police officers by the Inspector General of Police Japhet Koome.

Justice Byram Ongaya of the Employment and Labour Relations Court issued the orders following a suit filed by Busia Senator Okiya Omtatah on grounds that Koome had usurped the powers of the National Police Service Commission (NPSC).

Omtatah argued that the NPSC has the sole 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.

The judge further issued orders staying the implementation of a memo signed by the IG and dated June 9, 2023, prohibiting police officers from applying to fill the 514 vacancies in the National Police Service as already advertised by the NPSC.

The judge also issued an order to have NPSC immediately convene a meeting for all parties in the suit including the IG with a view to amicably considering resolving the dispute as enshrined in Article 252 of the constitution.

He directed that should the parties enter into an out-of-court settlement arising from the intended meeting, consent may be filed in court during the inter-partes hearing set for 9.30 am on June 29, 2023.

The court has called the meeting in order to settle the supremacy fight between the IG and the Commission which has split the National Police Service down the middle.

The orders were issued following a suit filed by Omtatah who sued Koome for usurping the mandate of the NPSC to promote the 514 police officers contrary to the Constitution.

Omtatah also challenged Koome’s decision blocking the lawful promotion of police officers by the commission.

He wants 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 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 Koome’s announcement that he had unilaterally promoted 514 police officers within the National Police Service, with the promotions taking effect immediately.

But in a quick rejoinder, NPSC denounced the IG’s action, observing that they are unlawful and un-procedural as the latter has no such authority in law.

Last week, Cabinet Secretary for Interior Prof Kindiki Kithure chided Koome and NPSC Chairman Eliud Kinuthia for their public squabble over police promotions.

Violates law

Kindiki described the episode as “gross misconduct and high-level irresponsibility” by the two top-ranking police officials, which might lead to their removal from office through a tribunal.

“That behaviour by those two institutions and their top officials violates Chapter 6 of the Constitution on integrity and leadership. “Without delving into the merits and demerits of their positions, public displays of misconduct by institutions critical to the country’s security undermine the rule of law…it’s the highest level of irresponsibility,” Kindiki added.

The IG declared on June 5, 2023, that he had unilaterally elevated 514 police personnel within the National Police Service, with the promotions taking effect immediately.

However, in a swift retort, the Commission condemned the IG’s actions, stating that they are illegal and un-procedural because he does not have such legal authority.