Sheria Mtaani na Shadrack Wambui has moved to court seeking orders restraining the Inspector General of Police and the National Police Service from interfering with the police payroll.
Through lawyer Danstan Omari, the lobby group wants the court to issue orders restraining the respondents, whether by themselves, their officers, servants, agents, or any person acting under their authority, from taking any further action in respect of the management, alteration, or control of the payroll of the National Police Service.
In addition, the group wants a conservatory order directing the I.G Japhet Koome to preserve the status quo on all payroll data, records, and systems of the National Police Service and to refrain from any alterations or deletions thereof.
“Pending the hearing and determination of the Petition, a conservatory order be issued directing the 1st respondent to preserve the status quo on all payroll data, records, and systems of the National Police Service and to refrain from any alterations or deletions thereof.”
Omari states that a dispute has arisen between the Inspector General of Police and the National Police Service Commission regarding the control and management of the payroll of the NPS raising weighty constitutional questions on the delineation of powers under Articles 245 and 246 of the Constitution.
According to the lawyer, the IG and NPS have taken steps, and continue to take further action, in respect of the payroll, which directly undermines the Commission’s constitutional and statutory human resource mandate prescribed under Article 246(3) of the Constitution, and if not stopped immediately, will render the Petition nugatory and pose a risk to national security.
“The unilateral control of the 2nd Respondent’s’ payroll by the 1st Respondent undermines the Commission’s human resource mandate and creates a risk of alteration or deletion of payroll records, frustration of ongoing disciplinary and recruitment processes, breach of due process under Article 47; and institutional paralysis and erosion of public confidence in the National Police Service,” Omari stated
Sheria Mtaani founder Shadrack Wambui said that there is an imminent risk of alteration, deletion, or misuse of payroll data and records, which would cause irreparable prejudice to the constitutional functions of the 1st Interested Party(NPSC) and compromise ongoing human resource and disciplinary processes.
According to Wambui, public interest demands the urgent intervention of this Honourable Court to safeguard the integrity of police governance, protect constitutional separation of functions, and maintain public confidence in the National Police Service.
