May 28, 2022

Mawazo Writing Africa

Writing about the main

Court face-off after police bosses defy pay directives

National Police Service Commission (NPSC) Chairman Eliud Kinuthia has been summoned by the Industrial Relations and Employment Court for failing to comply with orders to reinstate the ranks and salaries of college graduates who were downgraded last year.

Judge Mathews Nderi Nduma ruled that professional grades and salaries must be reset to original levels pending the hearing and determination of a case brought by officials challenging the transfer.

“The Chairman of NPSC is hereby summoned before this Court, on a date to be determined by the Court, to show why he should not be summoned for contempt and punished for disobeying orders issued December 15, 2021,” the judge said /p>

He added that the court would not allow the defendants to hear the merits until they followed the guidelines.

“If the defendants fail to comply with said orders, this lawsuit will proceed ex parte on June 14th, 2022,” the judge said.

Three graduated police department rs – Ayub Mathenge, Dorothy Mbusiro and Robinson Cheruiyot – filed a lawsuit on behalf of others against Inspector General of Police Hillary Mutyambai, Mr Kinuthia and Attorney General Kihara Kariuki for being demoted and having their salaries cut.

Read:Why 1,000 police officers’ pay cuts cannot be reversed

Officials say the defendants failed to recover the compensation they enjoyed under Job Group J, despite court orders.

The three say they were lawfully recruited to job group J as graduate officers in 2013, where they continue to serve.

However, they were unlawfully downgraded to job group K – the entry-level grade for non-university graduates.

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Their salary was reduced by a letter from the Assistant Inspector General dated November 16, 2021.

The three say they are now earning the equivalent of their salary as Juniors in Occupation Group F.

Read:Kenya Police – We agree to our ‘D+’ recruits

The officers told the court that they w o re to the accused and asked them to to implement court orders, “but they have contemptuously and arbitrarily refused, which in itself is a threat to the rule of law”. are mandatory, mandatory and expressly binding.

“The accused, regardless of their power, cannot be permitted to disobey lawful court orders,” said Judge Nduma.

“Indeed, the accused are the primary enforcers of the rule of law and cannot have the freedom to choose which court orders to follow.”

Through Senior State Counsel Wycliffe Odukenya, the IG and NPSC said they were unable be to implement the orders to restore payment.