The labour court has suspended the decision by Inspector General (IG) Japhet Koome to promote 514 police officers awaiting hearing of the case challenging the promotions.
This comes after Senator Okiya Omtatah and activist Michael Otieno challenged the promotions made by IG Koome arguing that they are illegal.
Justice Byram Ongaya in his Thursday, June 22 ruling suspended the promotion pending the hearing of the case.
“Pending inter parties hearing of this application interim orders are hereby given staying the implementation of promotions affecting 514 police officers said to have been unilaterally effected on June 5 in the NPS,” the order reads in part.
Moreover, Justice Ongaya stayed the implementation of the memo by IG of police issued on June 9 barring police officers from applying to fill the 514 vacancies as already advertised in the press by the national police service commission.
The Labour Court also ordered the NPS to immediately organize a meeting of all parties in the case to amicably consider resolving the dispute.
Justice Ongaya further noted that this will be within NPS investigative, conciliation, mediation and negotiation functions and powers envisaged, and a compromise may be recorded in court at the next mention date.
The case is set for mention on June 29 for further directions from the court.
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Nonetheless, there has been infighting within the National Police Service Commission on the legality of the promotions made by IG Koome with the Chair Eliud Kinuthia nullifying the promotions.
The Inspector General has announced the promotions which saw General Service Unit Commandant Eliud Lagat, Deputy Director of DCI Nicholas Kamwende and head of Investigations at DCI Abdallah Komesha promoted to the rank of Senior Assistant Inspector General of Police.
Law Society of Kenya Chairman Eric Theuri criticized Koome for promoting the officers saying the law does not allow him to make appointments or determine promotions in the NPS.
Theuri noted that NPSC Act only gives the power to the IG to appoint, promote and transfer officers below the rank of superintendent.
Furthermore, the LSK boss stated that IG Japhet Koome’s actions amount to a serious violation of the Constitution, the NPS Act and the National Police Service Commission Act and are grounds for the removal of the Inspector General from office.
