Court battle looms over control of police payroll

A dispute between the National Police Service Commission (NPSC) and the Inspector-General of Police (IG) over control of the police payroll has reached the High Court.

A petition filed in court seeks a declaration that the IG has no constitutional mandate to manage the National Police Service (NPS) payroll.

The petitioners, public interest group Sheria Mtaani and lawyer Shadrack Wambui, argue that payroll management is the exclusive mandate of the NPSC as provided for in Article 246(3) of the Constitution.

They state that payroll administration is a key human resource function through which the Commission implements decisions on recruitment, promotions, transfers, suspensions, interdictions, and disciplinary matters.

“Any change to its custody or management has far-reaching implications,” the court documents read.

Without access to and control over payroll systems, the petitioners argue, the NPSC cannot effectively execute its constitutional mandate.

They also claim that continued control by the IG affects the Commission’s independence, risks alteration of payroll data, frustrates disciplinary processes, and undermines public confidence in police governance.

Citing Articles 245 and 246 of the Constitution, the petitioners draw a distinction between the IG’s operational command, which focuses on deployment and policing, and the NPSC’s human resource functions, which they say include payroll management.

They are seeking court orders affirming the separation of powers and compelling the IG to hand over payroll functions, records, and systems to the NPSC.

They also want temporary orders restraining the IG, NPS, and Attorney General from taking any further action on payroll matters until the case is heard and determined.

The petition was filed under a certificate of urgency, with the petitioners requesting that the court hear the matter during its recess, citing its urgency and national security implications.

The matter follows weeks of tension between the two offices.

The dispute intensified after Parliament’s Public Accounts Committee (PAC) directed Inspector General Douglas Kanja to transfer payroll management to the NPSC, describing the Commission as the lawful employer of police officers.

Inspector General Kanja maintains that, as the Service’s accounting officer, he is legally responsible for the custody and integrity of the payroll under the Public Finance Management Act and the Constitution, setting the stage for a court ruling on the matter.