- Incoming IG Japhet Koome has pledged to obey the court order reinstating the salaries.
- At least 1,020 officers suffered pay cuts in 2018 March following the implementation of the Career Progression Guidelines, 2016.
Graduate police officers who have been in a protracted battle with their bosses over demotions and reduced salaries are tipped for a windfall.
The National Police Service Commission (NPSC) chairman Eliud Kinuthia, who has since given up the fight with the officers over the salaries, has asked National Police Service to pay the salaries that were deducted 13 months ago.
The commission chairman has written to the Acting Inspector General of Police Noor Gabow to pay the officers as ordered by the courts in September.
“Kindly but urgently comply with the court orders to avoid institution of further litigation against the commission and the service,” Kinuthia said in his November 7 letter.
The NPSC chairperson has also demanded that the Inspector General provides the commission with an update on the progress made in the implementation of the court order.
“Note to apprise us of the status of implementation and progress, for our noting and records, as we await the outcome of the appeal and the application of stay judgement,” Kinuthia said in the letter copied to Attorney General Justin Muturi and lawyer Charles Kanjama.
In the ensuing development, the officers stand to earn about Sh800,000 each considering that the courts directed that the payments be backdated to November 2021.
At least 1,020 officers suffered pay cuts in 2018 March following the implementation of the Career Progression Guidelines, 2016.
There are 4,400 other graduate officers in the service who have been fighting to be paid in line with their qualification.
Before the deduction, most of the officers, in the pool that has mostly senior cops, earned an average of Sh60,000 monthly.
The demotion from Job Group J to Job Group F saw their pay fall to Sh38,000 a month, a situation some of them say has exposed them to huge debts.
Kinuthia was responding to a letter by lawyer Kanjama who warned the police bosses of a contempt suit after they failed to honour the court order.
“Please take note that failure to adhere with the orders from the judgement of the court in this matter will leave us with no option but to further progress the existing contempt of court proceedings,” Kanjama’s letter read.
In April 2018, the service restored the pay and the officers continued to enjoy the terms and condition of service until November 2021 when they were demoted again.
The police officers went to court and got an order of stay of implementation of the demotion as well as orders reinstating their salaries before the November 21 demotion.
Senior managers at Vigilance House are yet to comply with the orders leaving the officers to grapple with the pay cut.
In yet another good sign for the graduates, the incoming Inspector General Japhet Koome has showed he has the goodwill to restore the salaries.
During his vetting in Parliament, Koome said he would look at the court order with a view to implementing the same if his nomination is approved – which Parliament did.
“This is to myself and to the service commanders, we must obey court orders,” Koome said, adding “he can’t imagine himself in court with the constables for even a day.”
The Labour court, in a ruling by judge Nduma Nderi, directed that the salaries be backdated to November 1, 2021.
The judge concluded that there were illegalities in the demotion, adding that the NPSC decision was unlawful, unreasonable and void.
“A declaration is issued that the unilateral decision to reduce graduate officers’ pay from Job Group ‘J’ to Job Group ‘F’ was arbitrary, unreasonable and unlawful,” the judge said.
Kinuthia’s letter is the second to the IG, the first having been on October 3, to reinstate the salaries and the accrued arrears without any loss of earnings to the affected officers.
“The Commission has advised the Acting Inspector General of Police, Kenya Police Service Deputy Inspector General and the Acting Director, Directorate of Criminal to pay the graduate police constables and non-commissioned officers (NCO's) a salary of Inspector of Police equivalent to job group J, backdated from November 1, 2021, the day the salary was stopped, without the loss of any benefits," the letter read.