Court orders police chiefs to pay constable Sh16m withheld salary

Inspector General of Police, Douglas Kanja. [File, Standard]

The Inspector General of Police, Douglas Kanja, his deputy Eliud Lagat, and the National Police Service Commission (NPSC) have been ordered to pay police constable Henry Nyakoe Sh16 million with interest.

Justice Linet Ndolo of the Nyeri Employment and Labour Relations Court ruled that Nyakoe’s salary had been unlawfully withheld between August 31, 2000 and August 18, 2020.

The judgment arose from a judicial review application filed by the State, which challenged a directive by Justice Byram Ongaya ordering payment to Nyakoe.

Justice Ongaya had found that Nyakoe’s rights were violated when he was removed from his post over two criminal cases at the Meru Magistrates Court, in which he was later acquitted. The judge ordered that Nyakoe be reinstated or, alternatively, compensated Sh3 million for the breach of his rights.

He further directed that Nyakoe be admitted, deployed, and allocated duties as an employee, to report for duty by May 16, 2016, and that the NPSC pay him salary and allowances dating back to August 31, 2000.

The IG, deputy IG, NPSC, and Attorney General filed a notice of appeal, which was struck out with costs on February 21, 2018.

On July 7, 2020, Nyakoe received a letter from the NPSC reinstating him, with a provision that his salary be backdated to August 2000.

Despite this, Nyakoe claimed in the judicial review that the IG, deputy IG, and the commission had refused to fully comply with Justice Ongaya’s 2016 decree, which included Sh16 million in arrears and interest from October 2016.

He wrote to the Attorney General’s office seeking payment of his arrears but received no response. In October 2024, the Solicitor General advised the IG to calculate and pay Nyakoe’s salary arrears. Nyakoe again sought intervention from the office in January 2025.

During the judicial review, Silas Andiema, appearing for the IG, deputy IG, and the AG, testified that Nyakoe was employed on August 31, 1996 and served at various stations, including Meru Police Station, where he was stationed before his removal.

Andiema said Nyakoe had deserted service on February 26, 2000 and was charged with desertion at the Meru Magistrates Court. While the desertion case was pending, he faced a murder charge after a teacher he had apprehended died; this was later reduced to manslaughter.

He was acquitted in both cases, and his interdiction was lifted on July 24, 2002, with arrears paid from May 1, 2000 to June 30, 2005.

Under the previous constitution, Commissioners of Police had powers to remove officers below the rank of Assistant Commissioner, which led to Nyakoe’s removal effective June 30 2004.

Following his removal, he received salary up to June 2005, creating an overpayment of Sh220,243.50, which was recovered from his  interdiction arrears and pension benefits.

Nyakoe challenged his removal in 2015, arguing it occurred after he had been acquitted in criminal cases, constituting double jeopardy. Andiema noted that Nyakoe was reinstated and posted to Kibwezi Sub-County on August 18, 2020 but failed to report within 10 days as directed.

He added that the Solicitor General’s advice to pay Sh16 million contravened the court judgment. 

Nyakoe denied having received any arrears, insisting that even if the Commissioner of Police had the power to remove him, the decision was invalid as he had been acquitted of the charges that formed the basis of his removal.

NPSC chief executive Peter Leley testified that the Commissioner of Police had recommended Nyakoe’s removal and that Nyakoe’s submissions in defence were unsatisfactory. He was notified of the decision to remove him from June 30 2004.