National Police Service Commission has raised alarm over what it terms as systematic encroachment in their mandate by the Interior ministry.
The commission on Tuesday said the ministry has been usurping its constitutional mandate without consultation.
Appearing before National Assembly’s Constitution Implementation and Oversight Committee chaired by Gathoni Wamuchomba, NPSC chairman Eliud Kinuthia said he was sidelined as the Interior ministry recruited the National Police Reservists—a mandate that rests with the commission.
NPSC also claimed the ministry continues to receive allocations for both the recruitment and promotion of police officers, mandates that its says the constitution gives to the commission.
Kinuthia insisted that the recruitment of the Reservists was in breach of the law as the CS has no powers to make such hiring.
According to Interior Cabinet Secretary Kindiki Kithure, the 200 new recruits were to be deployed to support the joint operation team of the National Police Service and the Kenya Defence Forces in Baringo North and Baringo South constituencies.
Kinuthia said the CS usurped the commission’s mandate, a move that he warned now puts the lives of the recruits at risk as they have no government protection including insurance cover.
“We saw the CS on TV recruiting the NPRs, where did he get the mandate? Those NPRs are illegally in office,” Kinuthia said.
“For the purpose of their welfare, they do not have insurance making them vulnerable even their remuneration is not known by this commission or the SRC.”
Kindiki early this month while attending the graduation of the 200 recruits promised to have the National Police Reservists get the NHIF cover which will extend to their family members.
"From July 1, 2023, every National Police Reservist will have an NHIF medical cover. This will be extended to their family members," he said.
The commission charged with the mandate of human resource function of the National Police Service however dismissed the assertion as not having legal backing and that the reservists are on their own.
NPSC CEO Peter Lelely however said the commission is ready to regularise the appointments once they are given space to reverse the illegality.
The commission further decried what they claim is rampant encroachment in their mandate especially recruitment of police officers into the service.
NPSC Vice chairperson Alice Otwala told the Wamuchomba-led committee that NPSC is never allocated the recruitment and promotion budget instead the allocation is channeled to the Interior ministry.
According to the vice chair, they are only given a small budget to observe the recruitment exercise.
“Recruitment is under my committee, there is a lot of push and pull. Budget for recruitment is allocated to PS Interior,” Otwala said.
“If anything, we have been given funding to observe (the exercise). We are not observers, we should be doing the recruitment.”
The commission also asked the lawmakers to consider law change to allow for any five members of the commission to form a quorum for a meeting.
Currently, the law puts the quorum at at least two uniformed members of the commission must be present for a commission to be considered to have attained quorum.
“The requirement that the quorum of any two members of either IG-NPS and DIGs-KPS and DIG-APs has been abused to undermine the quorum and the number of statutory meeting that the commission is said to hold in an years especially where commanders want to avoid oversight role of the commission on HR management decisions,” Leley said.
“The commission recommends for the amendment of the Second Schedule of the NPSC Act 2011 to prove for any five members to constitute a quorum with equal voting rights.”