Sheria Mtaani na Shadrack Wambui, a civil society organization, filed the constitutional petition at the Milimani High Court, challenging the Inspector General’s authority over payroll management in the National Police Service.

Through lawyer Danstan Omari, the group argues that payroll functions fall under the constitutional mandate of the National Police Service Commission (NPSC), not the office of the Inspector General (IG), which is limited to operational command.

“This petition is about constitutional accountability,” Omari told the court.

“The IG cannot be allowed to usurp human resource powers through payroll control. That function belongs to the Commission, as clearly provided under Article 246 of the Constitution.”

The petition, which has been certified as urgent, warns that allowing recruitment to proceed under a disputed payroll regime could entrench unconstitutional practices.

“Payroll is not just about salaries. It reflects promotions, transfers, suspensions, and disciplinary actions,” the petition states.

“Allowing the Inspector General to run it undermines transparency and removes civilian oversight.”

According to the lobby group, the timing of the recruitment makes the case especially critical.

They argue that once the 10,000 new recruits are entered into the payroll system, any ruling by the court may become ineffectual.

“If this court does not intervene now, the process will be irreversible,” said Omari. “You cannot recall appointments and payroll entries once they have been activated under an unlawful system.”

The respondents in the case include the Inspector General of Police, the National Police Service, and the Attorney General.

The National Police Service Commission and the Law Society of Kenya have been named as interested parties.

Court records show that all parties were served with the petition on August 14, 2025, but none had filed a response by the time of the court’s preliminary hearing.

“The silence from the respondents only deepens the urgency of this matter,” Omari submitted.

“We urge the court to issue conservatory orders stopping the recruitment pending full determination of this petition.”

The group wants the court to hear the matter during recess, warning that any delay could lead to “constitutional violations being cemented.”

The lobby insists that payroll is a core element of police human resource management and that placing it under the operational command of the IG would create a conflict of interest and weaken institutional checks and balances.

The post Lobby Group Sues to Halt Police Recruitment Over Payroll Dispute appeared first on Insider Bits News.

Speaking outside the Milimani Law Courts, lawyers Danstan Omari and Shadrack Wambui, acting on behalf of Sheria Mtaani, announced that the group will be filing a legal application to bar EACC from what they termed as a persistent campaign against the Office of the DPP over case management and prosecution decisions.

“EACC has continued to fight the office of ODPP concerning the prosecution of cases filed in court,” said Omari, accusing the commission of misleading the public and overstepping its constitutional boundaries.

The lawyers emphasized that under Article 157 of the 2010 Constitution, only the Office of the DPP has the exclusive mandate to prosecute cases investigated by any agency, including EACC, the Directorate of Criminal Investigations (DCI), the Independent Policing Oversight Authority (IPOA), and Kenya Wildlife Service (KWS).

“The DPP’s role is strictly to prosecute. The EACC, just like the DCI, can only investigate, it can never be allowed to prosecute. This is the global best practice,” said Omari.

Omari further noted that while investigating agencies can forward files to the DPP with recommendations, it is solely the DPP who decides whether to proceed with charges or to return the file for further investigation.

“The DPP under Article 157(11) of the Constitution has the power to recommend prosecution or withdraw a case under the leave of the court,” he explained.

The lobby group has taken issue with what it says is a pattern by EACC: forwarding case files to the DPP and then holding press conferences the very next day to accuse the DPP of inaction.

“The perception that has been given to the public by EACC is totally wrong,” said Wambui.

Omari also clarified recent public claims about the DPP arbitrarily dropping cases, noting that in several instances, courts, not the DPP, have blocked attempts to withdraw cases.

“The narrative that the DPP is recklessly withdrawing matters is misleading. In fact, in some instances, courts have rejected applications for withdrawal. In such cases, the DPP has appealed but lost. Ultimately, it is the court, not the DPP, that makes the final decision on withdrawals,” Omari stated.

He further reminded the public of the reforms brought in by the 2010 Constitution, which separated prosecutorial powers from investigative functions.

“Before the promulgation of the 2010 Constitution, the DPP’s office was under the Attorney General. Kenyans demanded change, saying a prosecutor could not also be an investigator. That is why the independent Office of the DPP was created under Article 157 of the Constitution,” he said.

Omari emphasized that the DPP, currently Renson Ingonga, enjoys an eight-year non-renewable term and cannot be directed by any person or authority in the execution of his duties.

He dismissed recent criticism and petitions filed against Ingonga, noting that “several petitions filed against the DPP at the Public Service Commission have since been withdrawn for lack of merit.”

In a statement, Omari did not mince his words: “The weakest link in the fight against corruption is at the EACC, not the DPP. The DPP should be given space to discharge his constitutional mandate without undue interference.”

The post Lobby Group Threatens to Sue EACC Over Interference With DPP’s Corruption Prosecution Role appeared first on Insider Bits News.

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

The post Lobby Group Sues IG Over Police Payroll Takeover Dispute appeared first on Insider Bits News.