Okiya Omtatah sues IG Koome over police officers’ ‘illegal’ promotions
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Okiya Omtatah sues IG Koome over 514 police officers' 'illegal' promotions that has caused a supremacy battle in the police service
Okiya Omtatah sues IG Koome over 514 police officers’ ‘illegal’ promotions that has caused a supremacy battle in the police service.
Busia Senator Okiya Omtatah has filed a lawsuit against Inspector General of Police Japhet Koome for acting under the National Police Service Commission’s (NPSC) authority and promoting 514 police personnel in violation of the law.
In his plea to the High Court, Omtatah also accused the IG of interfering with the commission’s legal promotion of police personnel.
He also asked the court to decide who of the IG and NPSC had sole authority over human resources.
The Busia legislator is now asking the High Court’s Constitution and Human Rights Division to impose a conservatory order suspending the promotions that affect 514 police personnel that were made on June 5, 2023, by the IG of the National Police Service, without consulting the NPSC.
He also requests the suspension of the IG directive from June 9, 2023, which forbade police personnel from applying to the 514 openings in the service that the NPSC had earlier that day published in the press.
In support of his petition, Omtatah cites Article 246 (3)(a) of the Constitution of Kenya, 2010, which expressly states that the National Police Service Commission has the sole authority to perform all human resource functions related to hiring, confirming hiring, promoting, transferring, controlling discipline, and terminating police officers employed by the National Police Service.
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Omtatah further argues that the IG cannot act unilaterally because he is part of the nine-member commission that sits and decides on promotions, welfare, and other personnel matters.
On 5th June 2023, IG Koome announced that he had unilaterally promoted 514 police officers within the National Police Service, with the promotions taking effect immediately.
But in a quick rejoinder, the National Police Service Commission denounced the IG’s action, observing that they are unlawful and un-procedural as the Inspector General has no such authority in Law.
The supremacy fight between the IG and National Police Service Commission has split the National Police Service down the middle, with fears that if prolonged the stand-off would affect innocent police officers who are due for promotion but are now caught in the middle of a turf war.
The Busia legislator now wants the High Court to determine whether the human resource functions of recruitment or appointment, confirmation of appointment, promotion, transfer, disciplinary control and removal of police officers within the National Police Service are the exclusive mandate of the National Police Service Commission.
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