(NAIROBI, KENYA) – Kenya’s Supreme Court has been asked to intervene in a dispute over control of Sh60 billion (approximately US$433 million) in police salaries, a conflict involving Inspector General of Police Douglas Kanja and the National Police Service Commission (NPSC).
The case was filed by lawyer Shadrack Wambui, representing the grassroots legal movement Sheria Mtaani. Justice Lawrence Mugambi has been asked to determine whether the IG or the NPSC has authority over the substantial salary payments.
Wambui requested the Supreme Court to direct the IG to step aside from salary matters and perform duties strictly in line with Article 245 of the Constitution, which defines the IG’s responsibilities as ensuring the protection and security of citizens and their property.
Additionally, Wambui seeks a declaration confirming that the NPSC has the mandate to manage salaries and discipline officers, in accordance with Article 246 of the Constitution.
The petition names the IG, the National Police Service, and the Attorney General as respondents. The lawyers have asked the court for permission to submit the case under Supreme Court vacation rules to ensure timely resolution of these sensitive constitutional issues.
Other respondents include the NPSC and the Law Society of Kenya (LSK).
Lawyer Danstan Omari, co-representing Wambui, told the Supreme Court that the dispute between the IG and NPSC over police salaries and the recruitment of 10,000 officers raises critical constitutional questions over “who has authority over these officers.”
Omari argued that the conflict over billions of shillings in salaries has created a legal and operational impasse within the police service, highlighting deep-rooted institutional tension.
“The issue raises urgent constitutional questions that require the Supreme Court’s guidance to determine who holds authority within the police service, whether it is the IG or the NPSC,” Omari said in court.
Omari also posed a scenario to the court: if the IG commands the police force and the officers’ weapons are under his authority, what would happen if officers refused to work for even one day?
The lawyers are seeking a judicial interpretation of Articles 245 and 246 of the Constitution to clarify the division of responsibilities within the police service.
Under Kenyan law, the NPSC holds the authority to recruit and promote police officers and discipline officers who breach regulations, a role the petitioners argue is being challenged by the IG’s involvement in salary administration.
