Commission to appeal ruling awarding police graduates pay increase

Inspector General of Police Hillary Nzioka Mutyambai,address press after boarding a new 5Y-DIG helicopter at Wilson airport on 3rd May 2019.

The National Police Service Commission (NPSC) has protested a court order to pay graduate police constables salaries equivalent to those of their seniors.

Justice Byron Ongaya of the Employment and Labour Relations Court issued the orders on May 17 and gave the State up to August 1 to comply.

The officers had sued the NPSC, the IG and Attorney General in November 2018 over delayed review of their job groups.

In his ruling, Justice Ongaya said constables who are university graduates on a salary scale below job group J were entitled to a pay scale equivalent to that of an inspector of police.

“Order is hereby issued to NPSC and Police Inspector General Hillary Mutyambai to pay all graduate police constables salaries equivalent to pay for inspectors and as per the prevailing NPSC policy," directed Ongaya.

Commission statement

But a statement from the commission's chairman, Eliud Kinuthia and Inspector General of Police (IG) Hillary Mutyambai (pictured) indicates that paying the 1,774 graduate officers similar salaries with those of inspectors of police would require Sh928 million annually.

They argued that the need for graduate officers could only be determined at recruitment.

“The commission will urgently constitute a full meeting to deliberate on the judgment, seek legal opinion and give necessary directions concerning the orders of the court. We advise our police officers that there is need to always exhaust all administrative provisions and opportunity for dialogue in resolving disputes,” the statement said.

According to the commission, the IG had discovered unprocedural salary upgrades in the service payroll based on acquisition of degree certificates by officers without following due process.

The commission stated that officers have to seek approval from the service to pursue degrees.

“Officers who acquire degrees without following the due procedures and obtaining necessary approvals cannot claim any benefits or privileges based on the same,” they said.