A lobby group has filed a petition in the High Court challenging what it calls an unconstitutional takeover of the National Police Service (NPS) payroll by the Inspector General of Police (IG).
Represented by lawyer Danstan Omari, Sheria Mtaani na Shadrack Wambui argues that the management of the police payroll is constitutionally reserved for the National Police Service Commission (NPSC), as outlined in Article 246(3).
However, the IG and the NPS are accused of unlawfully assuming control over payroll functions without proper legal authority.
It emphasizes that controlling the payroll extends beyond mere accounting—it is central to enforcing recruitment, promotions, transfers, suspensions, interdictions, and disciplinary actions within the service.
“The Constitution is explicit on this matter. The NPSC is the employer of police officers and has the exclusive mandate to manage the payroll,” said Omari.
“The unilateral control of the payroll by the Inspector General undermines the commission’s independence and violates the constitutional separation of powers.”
According to the petition, the IG and the NPS have taken over payroll functions without legal authority, a move that the lobby group warns could lead to manipulation of payroll records, disruption of recruitment, promotions, disciplinary processes, and potentially compromise national security.
“The payroll is not just about salary payments; it is central to the entire human resource management of the police service,” Omari added.
“Allowing the IG to control this function unilaterally risks abuse of power and serious governance challenges.”
The dispute first came into the public domain on August 4, 2025, following revelations at the National Assembly’s Public Accounts Committee (PAC).
The committee reportedly directed the IG to hand over payroll management to the NPSC, acknowledging the commission’s constitutional role.
Despite this directive, the petition alleges that the IG has ignored the instruction and continues to administer the payroll system.
Sheria Mtaani is seeking conservatory orders from the High Court to prevent the IG and the NPS from making any changes to the payroll during the pendency of the case.
The group also wants the court to declare that payroll management falls under the NPSC’s mandate and to compel the IG to transfer all related functions, systems, and records back to the commission.
The petition stresses the urgency of the matter, warning of “administrative paralysis, institutional conflict, erosion of public trust, and irreparable damage to constitutional governance structures” if immediate judicial intervention is not granted.
“There is a real and imminent risk that unilateral changes to payroll management will be effected, which could undermine ongoing recruitment, promotions, and disciplinary processes and further pose a national security risk,” the petition states.
The case raises important constitutional issues, including the independence of commissions under Article 249, the scope of the IG’s operational command under Article 245, and the statutory division of responsibilities as outlined in the National Police Service Act and the National Police Service Commission Act.
The petition is pending a hearing
