High Court certifies urgent police pay cut case

Milimani Law Courts

The High Court in Nairobi has certified as urgent the case where two police officers moved to court to object to the decision by their employer to reduce their salaries.

The Employment and labor relations court also granted the applicants John Kariuki and Meshack Mutukho leave to commence judicial review proceedings.

The petitioners want the court to declare the unilateral decision by the Inspector General of Police and the National Police Service Commission to reduce pay for graduate officers recruited in 2013 from job group J to job group F offends among others Article 10, 27(4), and 47 of the constitution of Kenya 2010 as read with section 4 of the Fair Administrative Action Acts of 2015.

Through lawyer Danstan Omari, the two also want a declaration that the decision to reduce their pay amounts to discriminating against the said officers.

In addition, the petitioners want the IG and NPSC to further reduce graduate officers’ pay recruited in 2013.

“Prohibition prohibiting the 1st and 2nd respondents either by itself, its agents or servants from in any manner further reducing graduate officers’ pay who were recruited into the service in 2013 from job group J to job group F revealed,” states the officers.

According to the officers, it is unreasonable to reduce someone’s pay without informing and/or consulting them notwithstanding that they may have other commitments and/or liabilities with their salaries.

“We have been enjoying Sh 1700 increase per year until their basic salary was reduced to that of persons in job group F in March 2018,” the officers submitted.

In April 2018, the respondents restored the applicants’ pay to that of group J and all accrued amounts paid until November 2021.

“The applicants have continued to enjoy their pay equivalent to that of group J up until November 2021 when they again realized that their pay had been reduced to that of persons in job group F,” said lawyer Danstan Omari.

The changes in payments are affecting all the graduate officers who were recruited in 2013 and have not been promoted to the rank of Inspector.