NAIROBI KENYA, Oct 6 – The National Police Service Commission (NPSC) has ordered the restoration of salaries for 1,233 graduate police constables.
This follows a court ruling that the decision to move the graduate police officers from job group J to job group F was unreasonable and constitutional.
Within a short period of time after joining the police force, the graduate police officers had their rank reduced from inspector to constable.
The police filed a court appeal in December 2021 to have their salary increased, claiming that the law had been broken when they were demoted.
“The commission has advised the acting General of police, Kenya Police Service, Deputy Inspector General and the acting Director of Director of Criminal Investigations to pay 1,233 graduate police constables and non-commissioned officers a salary of Inspector of Police equivalent to job group J, backdated from 1st November 202, the day the salary was stopped without the loss of any benefits,” a statement released by the NPS indicated.
Justice Mathews Nduma characterized the elevation from job group “J” to job group “F” as being arbitrary and unreasonable on September 29.
The judge went on to say that the police officers’ rights had accrued because they had been specifically and legitimately hired under the conditions of graduate constables.
“The decision was arbitrary, unreasonable, unlawful and a blatant violation of the accrued rights of the applicants from the date of their recruitment to that when they were demoted for no good cause and their remuneration reduced to their great loss and detriment,” the judge said.
The Judge found that the Court was satisfied that the IG and the Commission imposed the reduction in salary and rank without providing the affected officers with any notice or opportunity to be heard.
“The officers’ protestation of the decision was ignored by the respondents (IG and NPSC) and they did not have any opportunity to be heard on review and or appeal of the adverse decision that had befallen them,” Nduma said.
“It cannot also by necessary implication be said that the IG and the Commission were given powers by the Constitution of Kenya, 2010 and the NPSA and Regulations made there under to demote and reduce the salary of graduate police officers without following due process.”
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