The National Police Service Commission and the Inspector General of Police Japhet Koome were Thursday given seven more days to meet and reach a consensus in a standoff over police promotions.
This is after the Employment and Labour Relations Court Judge Byram Ongaya extended the orders suspending the promotions of 514 officers that were announced by IG Japhet Koome.
“I have a lot of confidence in the parties, they have the capacity to guide on governance in accordance with the constitution,” said Ongaya.
Koome told the court that parties in the case are in the process of reconciling and what was remaining was signing and filling of the consent.
In the case, Senator Okiya Omtata moved to court to challenge the promotion of police officers by Koome.
Omtatah accused Koome of assuming the mandate of the National Police Service Commission (NPSC) in promoting the 514 police officers contrary to the Constitution.
There is more confusion after the National Police Service Commission re-advertised contentious positions which have caused divisions in the police employer.
Some insiders feel the move by the commission CEO to re-advertise the positions goes against a court order that has put a stay in the exercise.
The labor court ordered the commissioners to meet and solve the issue.
On Saturday, July 1, CEO Peter Leley put a new advert in the dailies telling possible candidates the deadline for applying for the 514 positions had been extended to July 14.
This is after most officers ignored an earlier advert whose deadline was on June 30 and failed to apply.
Officials have faulted Leley for his comments at a Senate committee last week where he discussed the ongoing impasse.
Leley said NPSC will not cede its constitutional power to recruit police officers to the IG and the Interior Ministry.
Leley told the Senate Committee on Cohesion and Equal Opportunity that whereas the High Court asked the commission and the IG to seek an out-of-court settlement, it will not compromise on its constitutional power to recruit and promote police officers.
The commission and IG Koome have been at loggerheads over the recent promotion of 514 police officers.
The standoff has seen the promotions put on hold even though the affected officers are wearing the insignia and have earned their new salaries.
The commission met twice to solve the impasse and prepared minutes for signing but Leley is yet to circulate them.
All commissioners including Koome, his deputies Douglas Kanja and Noor Gabow were present.
Also present was the Director of Criminal Investigations (DCI) Mohamed Amin.
Ongaya further issued orders staying the implementation of the memo by the Koome on June 9 prohibiting police officers from applying to fill the 514 vacancies in the National Police Service as already advertised in the press by the NPSC.
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The affected officers have already taken their salaries and worn the insignia.
This means the commission will have to ratify the promotions unless the saga continues in court and further directions are issued.
Under Article 252 of the Constitution, each commission, and each holder of an independent office may conduct investigations on its own initiative or on a complaint made by a member of the public and has the powers necessary for conciliation, mediation, and negotiation.
Ongaya said a compromise may be recorded in Court at the next date for inter parties hearing, further directing that the hearing of the application or further orders and directions will be on June 29.
Omtatah and activist Michael Otieno in their petition filed at the court challenged the promotions, saying Koome did not follow the right procedure, and wants the court to suspend the promotions.
They sought an order quashing IG’s unilateral promotion of the officers without reference to the NPSC, quashing IG’s memo dated June 9 instructing senior officers to inform the security agents under their command to disregard the NPSC’s advertisement and order of Mandamus compelling the NPSC to, strictly in accordance with the law, proceed and fill the 514 vacancies in the NPS as it advertised in the press on June 9.
Omtatah had also filed another case at the constitutional court but did not get orders. He has however given a notice to withdraw the case raising questions about how the court entertained similar cases at the same time.
NPSC chairman Eliud Kinuthia and Leley have opposed the promotions announced by Koome.
Interior Cabinet Secretary Kithure Kindiki read the riot act on the two police institutions that have been involved in a public spat over the promotion of 514 police officers.
He said actions, public exchanges of letters, and press releases between Koome and Kinuthia group amount to a violation of Chapter Six of the Constitution and is the highest level of irresponsibility, and continues to erode public confidence.
Kindiki warned that they can easily give a basis for removal from office through a tribunal for gross misconduct and for undermining the Constitution.
Other officials have faulted him for being unable to solve such an issue.
