Interior Principal Secretary Raymond Omollo on Thursday said the government will challenge a ruling that termed retired Justice David Maraga’s task force on police reforms unconstitutional.
He said only 16 out of the more than 500 proposed reforms in the report were affected by the ruling.
Omollo affirmed the government’s commitment to upholding the police reforms agenda, stating that the government will pursue the appropriate legal channels to seek clarification on the court ruling regarding the constitutionality of the task force.
So far, more than half of the proposed reforms in the report affecting the National Police Service, Kenya Prisons and National Youth Service have been implemented, he said.
“We will pursue a legal redress on the ruling to address those matters that were pronounced on the task force. We have done much of the work so far,” he said.
He said the ruling targeted only reforms touching on the affairs of the National Police Service Commission, and so far, the government and other partners have implemented more than 50 per cent of the proposed changes.
“About 30 per cent of the remaining part is being rolled out while we are seeking policy directions on the other 20 per cent.”
He made the remarks when he met the National Steering Committee overseeing the implementation of the reforms.
He said the ruling did not affect the National Youth Service and Kenya Prisons.
Omollo said police reforms will continue in line with the rule of law while remaining focused on the realities and needs of Kenya’s security landscape.
These reforms include improved salaries, housing, medical and group life insurance, enhanced training, and the introduction of modern facilities and technology across security agencies.
“We must equip, protect, and dignify our officers because when we empower them, we empower the nation. And these reforms are just the beginning of several other opportunities that we are opening up to strengthen our security infrastructure and improve the lives of those who serve.”
The High Court declared President William Ruto's move to establish the national taskforce to review police welfare unconstitutional.
"The president has no constitutional authority to assign a specific responsibility to a commission that is not complementary but undermining the discharge of the mandate of the independent commission," Justice Lawrence Mugambi ruled.
The judge further said the President overstepped his decision and mandate, thus found it unconstitutional to the extent it divested the National Police of its powers of functions as mandated by registration and the constitution.
Consequently, the judge ruled that the president erred in establishing the national taskforce on improvement terms of service and conditions of service of members of the National Police and the Kenya prison and conferring it roles that are the mandate of the police commission.
The case was filed by Nakuru-based medic Dr Magare Gikenyi, who asked the court to declare unconstitutional the national taskforce to review police welfare. Gikenyi said the work is constitutionally a mandate of NPSC and not 'politically and executive-initiated taskforces.'
He wanted the operations of the task force and the gazette notice that established it suspended.
"It is the NPSC that is supposed to establish the said task force and not the President. The President can establish any other task force but not the task force on independent commissions," he argued.
He argued that the constitution does not envisage a situation where the President directs the working of an independent commission, in this case, the NPSC. He termed the act of the President as unconstitutional, saying there has been duplication of roles.
The National Taskforce on Improvement of Terms and Conditions of Service and other Reforms for Members of the National Police Service, National Youth Service and Kenya Prisons Service report was handed over in December 2023.
President Ruto revealed last year in September that the government will require Sh106 billion to implement the reforms within the National Police Service, Kenya Prisons Service and National Youth Service.
Ruto made the remarks during the launch of the Strategic Framework for Implementation of reforms in the services.
The Framework provides an integrated approach to reform priorities in a strategic and coordinated manner to ensure coherence among reform institutions.
Ruto said that the funds will be allocated to address key challenges that faced the services, career progression, digitisation of records, including police OBs and purchase of new equipment. Out of the money, Sh22 billion will finance improvement in the compensation package for officers, while Sh37 billion will go to the upgrading of the hardware and welfare reforms, and Sh45 billion is required to implement modernisation of the services.
Ruto said the National Treasury will provide part of the funds, while the rest will be catered for by investors.
