![Police Officers.Photo/[courtesy]](https://thesharpdaily.com/wp-content/uploads/98702379-AD71-4FF6-A7B5-9F3838EDA169_4_5005_c.jpeg)
The court has directed the government to reinstate pay for 1,000 graduate police officers whose pay was slashed following a rank review.
Judge Mathews Nduma of the Employment and Labor Relations Court reversed the ruling and ordered the Inspector General of Police and the National Police Service Commission to reinstate the reduced salary as soon as possible.
The court further ruled that the IG and the Commission were not permitted to transfer graduate constables from job group “J” to group “F” at any time in the future.
“A declaration is issued that the Inspector General and Police Commission’s unilateral decision to reduce graduate officers recruited on diverse dates pay from Job Group ‘J’ to Job Group ‘F’ offends the provisions of Articles 10, 27, 41, and 47 of the Constitution of Kenya, 2010 as read together with Section 4 and 7 of the Fair Administrative Actions Act of 2015,” ruled the judge in his decision.
The officers were astonished to see their pay read as low as KSh455.10 when they received their November 2021 wages. Others were paid less than usual.
The Court was convinced that the reduction in salary and rank was not preceded by a notification to the graduate constables and that the decision was enforced by the IG and Police Commission without providing them with an opportunity to be heard.
Police Service Gets Financial Autonomy At Last
“As a matter of fact, the respondents make no pretence or any apologies regarding their failure to involve the applicants before making the very adverse decision against them. The decision was arbitrary, unreasonable, unlawful, and a blatant violation of the accrued rights of the applicants from the date of their recruitment to when they were demoted for no good cause and their remuneration reduced, to their great loss and detriment,” the court stated.
Officers from the General Service Unit, Directorate of Criminal Investigations (DCI), and general duty officers who were earning salaries similar to inspector ranks but were demoted to constable ranks were impacted by the salary reduction.
The National Police Service maintained that the NPSC Act 3 of 2014 amendment, which authorised the commission to assess all issues connected to the human resource policies of service members on the suggestion of the IG, was what led to the salary reductions.
Inspector General Of Police Hillary Mutyambai Exits Office
The legislation also gives the commission the ability to choose the proper personnel compensation and benefits with the help of the Salaries and Remuneration Commission.
Justice Nderi argued that despite the applicants’ rank and pay being reduced according to the cited provisions, both the IG and the NPSC had been nominated before the Act had been reviewed.
“It is also apparent that some of the applicants were employed on the so-called graduate terms before the coming into effect of the Constitution of Kenya, 2010, which established the first and second respondents,” the ruling stated.
After appealing for the reinstatement of their salaries for almost a year, the officers are thrilled with the court’s decision.
Email your news TIPS to editor@thesharpdaily.com
