- The employment court last Thursday ruled that the decision to reduce graduate police officers' salaries was arbitrary and unlawful.
- Justice Nduma Nderi quashed the decision by the National Police Service Commission and ordered the commission to pay graduate officers salaries equivalent to Job Group J as they used to earn prior
The National Police Service Commission has reinstated graduate constables’ remuneration which had earlier been stopped in 2021.
The commission’s chairperson Eliud Kinuthia said NPSC had withdrawn Circular NO. 1 of 2021 dated December 23, 2021 and commission’s letter dated November 17, 2021 that directed stoppage of salary increment for 1, 233 Graduate Police Constables in the National Police Service.
Kinuthia made the announcement through a letter referenced ‘Reinstatement of Graduate Constable remuneration’ dated October 6, 2022 and signed by himself.
“This is in compliance with the court order issued on 29th September 2022, declaring the stoppage of upgraded salaries from job group J to F, arbitrary, unreasonable and unlawful,” Kinuthia stated in the letter seen by the Star.
“Further, the commission has advised the Acting Inspector General of Police, Kenya Police Service Deputy Inspector General and the Acting Director General, Directorate of Criminal Investigations vide letter Ref: NO. NPSC/1/8/10/VOL. XXX(125), dated 3rd October 2022 to pay 1, 233 graduates police constables and Non – Commissioned officers (NCO’s) a salary of inspector of police equivalent to job group J, backdated from 1st November 2021, the day the salary was stopped, without loss of any beneficiaries,” the letter read in part.
He said the commission will be issuing a revised circular to further guide on the matter.
The employment court last Thursday ruled that the decision to reduce graduate police officers' salaries was arbitrary and unlawful.
Justice Nduma Nderi quashed the decision by the National Police Service Commission and ordered the commission to pay graduate officers salaries equivalent to Job Group J as they used to earn prior.
“An order of Certiorari to bring into the Employment and Labour Relations Court for purposes of quashing the decision to reduce graduate officers' pay from Job Group ‘J’ to Job Group ‘F’ revealed in the November 2021 pay slip is issued,” the court ruled.
In the case, five officers, Ayub Gikonyo Mathenge, Mbusiro Christine Dorothy, Robinson Kipkorir Cheruiyot, John Kariuki and Meshack Mutukho had challenged the decision by NPSC to reduce their salaries.
Judge Nderi ruled that the unilateral decision to demote graduate officers from Job group J to Job group F was unlawful.
The court noted that the commission was in open defiance of court orders issued in December last year for failing to withdraw the letter issued reducing the salaries of the five officers.
According to evidence produced in court, the officers were employed between 2006 and 2014 as graduate constables.
They enjoyed the terms until March 2018 when their salaries were reduced.
“In April 2018, the commission restored the applicant’s pay to that of Job Group ‘J’ plus all arrear salary which remuneration, the applicants continued to enjoy until November 2021 when the applicants were again demoted in rank to Job Group ‘F’ from Job Group ‘J’ and their remuneration was reduced accordingly,” the court noted.
Justice Nderi said based on the evidence adduced, he was satisfied that the reduction in salary and rank was not preceded by a notice to the officers, thus they were not given a chance to be heard.
“The applicants’ protestation of the decision was ignored by the respondents and the applicants did not have any opportunity to be heard on review and or appeal of the adverse decision that had befallen them,” the court ruled.