National Police Service Commission Chairperson Mr. Eliud Kinuthia has today appeared before Senate Committee on National Security, Defence and Foreign Relations chaired by Baringo Senator William Cheptumo to deliberate on the rising tension within the National Police Service.

National Police Service Commission Chief Executive officer Mr. Peter Leley in his presentation on behalf of the Commission, told the Committee that the promotions in question are for Gazetted officers above the rank of superintendent for whom the law expressly reserves as mandate of the Commission and the action by the Inspector General of police to unilaterally promote a category of police officers without following the due process, breaches Article 10 on National Principles and Values and the requirement for merit and fair competition in public appointments and promotions provided for in Article 232 of the Constitution.

The inspector General of police ‘promoted’ 514 police officers in the ranks of the Assistant Superintendents of Police to Senior Assistant Inspector General across the Service at NPS which is contrary to the Law and that led the Commission through its Executive Committee to revoke the promotions in a letter addressed to the Inspector General in accordance with Regulation 4(4) (d) of NPSC Promotions Regulations, 2015.

On 8th June 2023, Inspector General responded to the revocation by stating that no person may give direction to the Inspector General, and currently there is no valid delegation instrument in writing that had been given to the IG by the commission even for Non-Commissioned Officers (NCOs).

The Court has already determined the issues in Article 245 (4)(c) and upheld the overarching mandate of the Commission in Article 246 on promotion and transfers trough the case of Republic v Deputy inspector General and Inspector General of National Police and 32 others in 2013 and its therefore clear that the powers to inter alia determine promotions and transfers within the National Police Service was given to the Commission and any legislation which purported to take away such power and place to any other body will be termed inconsistent with Constitution.

According to the NPSC it is clear that the unilateral decision by respondents to transfer the applicants was not in accordance with the law hence the action was null and void.

On the ways in which the Commission has dealt with the conflict, Mr. Leley affirmed to the Committee that the Commission has issued guidelines to the IG’s office on how to comply with the Law, Regulations on promotions and other Human Resource functions in the service, advertised the 514 vacancies for all qualified police officers to apply for fairness and equity and the Commission has also complied with the Court orders by convening a full Commission meeting.

The Commission requested the Senate Committee on Security in the spirit of creating harmony in the security sector to invite the Inspector General of Police to explain why he is unable to comply with the law, the request was accepted by the lawmakers in order to solve the misunderstanding between the Commission and NPS.