Court nullifies National police service commission recruits

By Kurian Musa

NAIROBI, KENYA: The Industrial Court has nullified 1900 recruits by the National police service commission who were set to graduate citing irregularities during recruitment exercise.

Justice David Marete said that the case had unearthed irregularities in the exercise of recruiting the officers who have been in Kiganjo Training College for over several months.

The judgement puts the job of NPSC boss Johnstone Kavuludi at stake bearing that his docket is directly responsible for the Sham recruits.

The case filed by Kenya Council of Employment and Migration Agency (KCEMA) sought to bar police recruits from graduating saying some of them were pregnant by the time of their selection contrary to the laws of police requirements of suitable candidates.

In his preliminary objection filed before Industrial Court judge Justice D N Marete, the AG said the case was more of a constitutional matter than a labour dispute.

State Counsel Peter Ngumi submitted that the case could not be heard by an Industrial Court.

Ngumi said the court did not have jurisdiction to hear matters outside its constitutional foundation and that it ought to restrict itself from listening to issues raised by the claimant.

“When a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence,” said Ngumi.

Court has jurisdiction

But in his ruling, Judge Marete said his court has jurisdiction to determine the matter before it as it was a recruitment exercise to give service to Kenyans.

The AG contended that the memorandum of claim filed by Kenya Council of Employment and Migration Agency did not raise issues contemplated under Section 12 (1) of the Industrial Act.