The High Court has dealt yet another blow to President William Ruto after it ruled that he acted unconstitutionally when he assigned the Police Reforms Taskforce to former Chief Justice David Maraga.
In a ruling delivered by Justice Bahati Mwamuye on Thursday, the judge ruled that the president erred in appointing the task force by duplicating the functions of the National Police Service Commission.
According to Mwamuye, the president cannot use his executive powers to take away functions of an independent commission.
''The president cannot, under the disguise of executive powers, take functions of an independent commission and vest them in a task force. It is unlawful and unconstitutional," Mwamuye ruled.
The 23-member task force, appointed by President Ruto in December 2022, was mandated to assess the welfare of police officers and review their terms and conditions of service.
Gazetted by the President and chaired by former Chief Justice Maraga, the task force was tasked with identifying legal, policy, administrative, institutional, and operational challenges affecting service delivery in the National Police Service (NPS) and the Kenya Prisons Service (KPS).
It was also expected to propose reforms across these areas to enhance the efficiency and effectiveness of both institutions.
The task force completed its report and submitted its findings to Ruto on October 5, 2023, with various proposals among them the increase of salaries to the officers under the homeland department.
Further, it recommended two entry points into the National Police Service: At constable and cadet levels, with the NPSC entrusted with determining the modalities.
On February 6, the High Court suspended the operations of the Presidential Taskforce on Human Resources for Health, which had been formed in July 2024 to address pressing challenges in Kenya’s healthcare sector.
On March 6, the High Court declared President Ruto’s Presidential Taskforce on Health Audit unconstitutional, ruling that it had unlawfully usurped the mandate of the Kenya Human Resources Advisory Council. The court also suspended its operations, rendering its formation and activities illegitimate.
