National Treasury Cabinet Secretary Ukur Yattani has officially designated the Inspector General of Police as the Accounting Officer of the National Police Service.
This is in accordance with an order given by President William Ruto.
In his inaugural speech after being sworn in as president, Ruto promised to grant financial autonomy to the National Police Service by transferring its budget from the Office of the President and designating the Inspector-General as the accounting officer.
"Financial independence to the police will give impetus to the fight against corruption, and end the political weaponization of the criminal justice system; an undertaking I made to the people of Kenya," Ruto said in his address at Kasarani stadium on September 13.
In a letter dated September 15 and addressed to the IG Hilary Mutyambai, Yattani said the police boss will be designated the Accounting Officer for Vote 1025 (National Police Service) for the financial year 2022/2023 with effect from 15th September 2022:
"In accordance with the powers conferred on the Cabinet Secretary to the National Treasury by Section 67 of the Public Finance Management (PFM) Act, 2012 you are hereby designated the Accounting Officer for Vote 1025 (National Police Service) for the financial year 2022/2023 with effect from 15th September 2022."
As the Accounting Officer of the National Police Service, the IG will be required to keep the Interior Ministry Cabinet Secretary updated on all financial matters of the Ministry and provide information and reports as may be directed by the Cabinet Secretary.
"As an Accounting Officer, you must comply and familiarize yourself with the Constitution, the PFM Act 2012, the PFM Regulations (National Government) of 2015, the Public Procurement and Disposal Act of 2015 and Public Audit Act of 2015 and various other laws and regulations, directives and circulars issued by the National Treasury from time to time," Yattani said in the letter.
The IG will also be required to attend in-person meetings of Accounting Officers called by Treasury CS to deliberate on public finance management Issues. The said meetings are meant to ensure close contact and cooperation between Ministries, State Departments, Agencies and the National Treasury.
Five Months ago, on April 7, the treasury announced it had allocated a total of Sh317.8 billion of the Sh3.3 trillion proposed expenditure in the 2022/23 budget to the National security agencies in the country.
Police and prisons services budgets decreased by Sh8.4 billion from last year’s Sh110.6 billion to the current 102.2 billion
A past attempt to make the IG’s office independent by making him the accounting officer failed. The plans included making the holder of the office be at the level of a Principal Secretary and ensuring they get their funds directly from the Treasury.
The functions of the IG are important for the overall command of the National Police Service. The Kenyan Constitution establishes the office of the Inspector General of Police in Kenya in Article 245.
The president appoints the IG with the approval of Parliament.
According to the law, the person should exercise independent command over the National Police Service and perform any other functions prescribed by national legislation.
The National Police Service Act contains further provisions on the office including the powers and functions of the Inspector General in Kenya.
The IG should be appointed for a single four-year term and is not eligible for re-appointment.
The term of Mutyambai ends next year in April.
The person is in charge of the overall and independent command of the National Police Service.
Independent command of the IG means that the holder should be responsible for all matters relating to the command and discipline of the National Police Service.
However, this is subject to the disciplinary control of the National Police Service Commission where he is a member.
The IG should exercise Command over NPS and lawfully administer, control and manage the service as a disciplined Service.
The Cabinet secretary responsible for police services may lawfully give a direction to IG with respect to any matter of policy but no person may give a direction to the IG with respect to the investigation of any particular offence or offences, enforcement of the law against any particular person or persons or employment, assignment, promotion, suspension or dismissal of any member of the service.
Any direction given to the IG by the Cabinet secretary responsible for police services, or any direction given to the Inspector-General by the Director of Public Prosecution under Article 157(4) of the Constitution, should be in writing.