A constitutional storm is brewing over who controls the payroll of the police force, after the Sheria Mtaani lobby group took the Inspector General of Police, Douglas Kanja, to court over an alleged unlawful takeover.
The group, through lawyer Danstan Omari, filed a petition before the High Court in Nairobi seeking urgent orders to stop the IG from managing the payroll.
According to the group, the functions of the payroll belong to the National Police Service Commission (NPSC) under Article 246(3) of the Constitution.
‘‘Kenyans are aware, and they saw Parliament order the Inspector General of Police to surrender the payroll. Sheria Mtaani with Shadrack Mbombo is very aware that Parliament does not have those powers. They cannot order the Inspector General anywhere. And based on that reality, that's why we have gone to court to seek a constitutional interpretation,’’ lawyer Danstan Omari said.
According to the lobby group, an interpretation is urgently needed as the matter of police payroll is a matter of national interest since the recruitment of 10,000 young Kenyans to the National Police Service and Affiliated Services is underway, and Budget allocations have been put in place.
‘‘We are seeing a dysfunctional security organ, which is a national security issue. This matter needs to be addressed by the courts. Under the constitution, the IG sits in the National Security Council. But the chairman and the commission do not sit at the National Security Council,’’ Omari said.
‘‘So the question that Kenyans are asking is, in the event of paralysis, where will the national security be for the Kenyans? Who will take care of the 55 million Kenyans who depend on the command structure of the National Police Service, that is, the IG?,’’ Omari added.
The petition, filed under Justice Lawrence Mugambi, comes amid controversy over payroll issues. Although the Commission claims to have constitutional authority over recruitment, promotions and discipline, the IG is said to have taken over payroll functions, raising concerns about record tampering and administrative paralysis.
The group warns that the current standoff could result in a security organ that is unable to function properly.
The standoff revolves around a dispute over a Ksh60 billion annual payroll that supports over 100,000 officers across the country.
Sheria Mtaani argues that allowing the IG to manage this budget undermines transparency and due process, especially amid upcoming recruitments.
Interior CS Kipchumba Murkomen had acknowledged the dispute and promised to mediate, but Sheria Mtaani insists that only the courts can offer a conclusive interpretation.
“We appreciate the goodwill, but this is a matter for the Judiciary. We need Justice Mugambi to pronounce himself on this issue,” Wanjiku Waidera, an advocate of the High Court, who spoke after the petition, said.
The police IG has remained silent on the matter since the NPSC highlighted the matter to the National Assembly’s Public Accounts Committee on Wednesday, July 16.
The petitioners have filed the matter under under vacation rules, signalling the urgency with which the group views the matter.
