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The stand-off between Inspector General Japhet Koome and the National Police Service Commission (NPSC) over the promotion of 500 officers has taken a dramatic turn after the government implemented the new pay structure for the officers.

All the promoted 500 officers received their revised salaries, backdated to May 3, 2023 on their payslips this month, dampening hopes by NPSC that Koome may rescind his action that has been described by various stakeholders as unconstitutional.

Sources within the National Police Service (NPS) indicated to the People Daily that the officers received a two-month lump-sum salary on their payslips commensurate with their new ranks.

The officers have also continued to adorn the new ranks conferred to them by Koome while some of them have even moved to new stations and offices that are in tandem with the promotions.

Implementation of new salary scales for the officers seems to have been in total disregard of an order issued by the Employment and Labour Court on June 22, 2023, suspending the decision by Koome to promote 514 officers.

Justice Byram Ongaya suspended the promotion pending the hearing of the case filed by Busia Senator Okiya Omtatah.

Justice Ongaya further stayed the implementation of the memo by Koome issued on June 9 prohibiting police officers from applying to fill the 514 vacancies as already advertised in the press by NPSC.
The court had also ordered the National Police Service to immediately convene a meeting of all parties in the case to amicably consider resolving the dispute.

In his ruling, the judge had said this would be within NPS investigative, conciliation, mediation and negotiation functions and powers envisaged and a compromise may be recorded in court at the next mention date.

But two meetings convened by the Koome and NPSC failed to reach a consensus after both parties maintained their hard-line stance.

NPSC Chief Executive Officer Peter Leley had in a statement declared the promotions illegal, saying that Koome disregarded various constitutional guidelines and has no authority to make such decisions.

“The Inspector General of Police purported to promote over 500 Police officers on Monday, June 5, 2023, and announced that the promotions take effect immediately,” said Leley on Tuesday, June 6.

According to Leley, Koome did not follow any legal procedures to promote the officers and should recall his list. “The promotions are contrary to Article 246 of the Constitution of Kenya- 2010, the National Police Service Commission Promotion Regulations, 2015, Chapter 34 of the National Police Service Standing Orders, 2017 and the National Police Service Career Guidelines.”

The NPSC warned that any officer using such rank “as irregularly conferred is warned that any benefits so obtained shall attract personal liability,” as it went on to advertise vacancies for the 514 positions. The Commission has since extended the deadline for applications, which was to elapse on June 30, 2023, to July 14, 2023.

But in response to the advertisement, Koome warned police officers against applying for any positions advertised by NPSC and instructed all commanders to inform those under their command to disregard the advert.

“My attention has been drawn to an advertisement contained in the local dailies inviting members of the National Police Service to apply for vacancies outline in the advertisement. I, therefore, direct that all officers under your respective commands should be informed to ignore the advertisement,” Koome stated.
Koome warned that any officer who fails to heed the directive “may face disciplinary sanction.”
Serious violation

Despite NPSC maintaining that it was not aware of the promotions, the IG insisted that he had presented the list to the commission sometime in February and expected the latter to have acted on the matter in March. Koome argued that some of the officers promoted had been executing duties and mandates which were supposed to have been performed by individuals of higher ranks.

On the other hand, the Law Society of Kenya ((LSK) President said Koome’s actions amount to a serious violation of the Constitution, the NPS Act and the National Police Service Commission Act and is a ground for the removal of the Inspector General from office.