Listen to This Article Enhance your reading experience by listening to this article.

The National Police Service Commission (NPSC) yesterday defended the appointment of the 51 civilian staff who were rejected by the police boss as lawful and the exercise final.

NPSC chairman Eliud Kinuthia yesterday said the decision by the Inspector General of Police Japhet Koome to work with civilian staff from Public Service Commission (PSC) is unlawful and unconstitutional as police service falls under NPSC.

The commission had appointed 51 civilian staff of NPS but the IG Japheth Koome directed the officers not to allow them access at the police headquarters.

Koome and the NPSC have been wrangling over various mandates especially in the recruitment and promotion of officers.

In June last year, the Interior Cabinet Secretary Kithure Kindiki termed the wrangles the highest level of irresponsibility that could easily give basis for removal from office through a tribunal for gross misconduct and for undermining the Constitution.

Kinuthia yesterday said the deployment of the civilian staff was part of policy direction on delinking, rationalisation, and harmonisation of NPS civilian staff from the PSC to NPSC in accordance with the Constitution.

Absconded meetings

He further revealed the senior officers absconded meetings without apology all of which recruitment and appointment of NPS civilian staff was part of the agenda.

“In a turn of events, the new employees were denied access to their duty station at the NPS headquarters by the security officers manning the main gate who stated that they had orders from above not to allow the newly appointed staff to access the offices,” Kinuthia said.

Kinuthia maintained that the decision on appointment of the 51 civilian staff was taken by six commissioners in the presence of Commission secretary hence the absence of the Koome and his deputies cannot invalidate the decision.

Koome gave the directives despite an earlier instruction by Secretary Administration NPS to the deputy director personnel to receive the newly appointed staff.

NPSC had advertised for competitive filing of vacant positions and a total of 7,471 candidates applied for various positions where 184 candidates were shortlisted. Interviews were conducted and the 51 were successful.

The commission however said the employees will undergo induction at the Kenya School of Government in readiness for their deployment.

The Commission draws its powers and functions from Article 246 of the Constitution, which gives it powers to recruit, confirm appointments, and determine promotions and transfers among others.

However, the Commission has been facing an operational challenge, especially due to quorum hitch. Koome and his two deputies have not been attending some of the meetings at the Commission.

The National Taskforce on improvement of the terms and conditions of Service led by retired Chief Justice David Maraga observed that the provision on quorum in Commission meeting was a deliberate move to usurp powers of the Commission and deter it from performing its Constitutional mandate.

The taskforce recommended that to address the challenge of quorum hitch by deliberate non-attendance of Commission meeting by Koome and his deputies, there is need to amend the law.

“We established that some of these staff are still working at NPS despite them having received transfer letters to report to their new duty stations in Ministries to pave way for the newly appointed staff to assume office,” Kinuthia added.

In November 2023, the State Department of Public Service transferred several civilian staff who were deployed in NPS without regard to provisions of the Constitution.

The supremacy battle between the IG and the commission has been condemned by various institutions including the Police Reforms Working Group (PRWG).

The two offices had a tussle last year over the promotion of 514 senior officers which was seen as either a misinterpretation or contempt of the sovereign will of the people of Kenya.

Human resource

The PRWG maintained that the NPSC is the police employer, in charge of the human resources function, saying the NPSC draws its powers and functions from Article 246 of the Constitution, which gives it powers to recruit and appoint persons to hold or act in offices in the Service, confirm appointments, determine promotions and transfers, and exercise disciplinary control over and remove persons holding or acting in offices within the Service.

“On the other hand, we affirm that the IG is the overall commander of the NPS, and not the employer. The IG is mandated under the NPS Act to implement policy decisions, audit police operations and functioning, co-ordinate all police operations, prepare budgetary estimates and develop a policing plan,” the group said.

According to the PRWG, the IG is also to determine the establishment and maintenance of police stations, posts, outposts, units or unit bases in the county and determine the boundaries of the police stations, outposts or unit bases.