Abusing power: The pain junior Kenya police officers go through at the hands of their seniors

Police officers during a passing-out parade at the Kiganjo Police College, Nyeri County, in February 2016. [PHOTO: MOSE SAMMY/STANDARD]

NAIROBI: You might see them with guns and a crown; the ultimate  symbol of State power.

But under the shadow of the crown are untold stories of suffering at the hands of their seniors. Despite this, full allegiance is expected of the juniors. Anything to the contrary can get one fired.

Some cases are perfect examples of senior officers abusing their powers. One can get sacked for rejecting sexual advances, not bribing the seniors or even attending to a family emergency.

During the vetting of traffic police officers by National Police Service Commission in Mombasa, senior officers were accused of soliciting money from their juniors. One junior officer revealed sending a total of Sh198,000 in 49 batches to his boss. Sergeant Naomi Owuor from Mtwapa weighbridge shocked the panel when she revealed how she was falsely charged and transferred after rejecting her boss’s sexual advances.

Some of the cases have found their way to the corridors of justice, but only those who can afford lawyers. Without unions to fight for their causes and no money for lawyers it is a dead end for many. And according to Interior Cabinet Secretary Joseph Nkaissery, they should not even go to court...not a civilian court.

Mr Nkaissery said there are proper institutions both within the National Police Service and externally to deal with grievances.

“If there is a problem affecting you there is no need of rushing to court. That is unbecoming and unacceptable for a uniformed officer to actually sue the employer. It cannot be accepted. I want you to look me in the eye and get that message right,” he warned.

But lawyers who specialise in Labour matters dismissed Nkaissery’s statement, saying his “road side statements” cannot supersede the law. Lawyers Judy Guserwa and Okweh Achiando told The Standard that police officers too have a right to move to court, either constitutional or labour, to challenge orderly rooms findings.

“Police officers are like civilians and are entitled to legal redress,” Ms Guserwa said.

Mr Achiando said: “Everyone has the right to a fair hearing. If an officer is sacked, he or she is no longer an officer but a civilian and can sue the republic under Judicial Review to quash the orders. However, an officer cannot challenge the orderly proceedings in a labour court when still in employment, but this can be done in the constitutional court. The right to a fair hearing cannot be limited by anyone.”

Several junior police officers have in the recent past sought legal redress either after their dismissal, transfers or disciplinary cases.