IG Douglas Kanja sued over NPS payroll dispute
Lawyer Shadrach Wambui, through Sheria Mtaani, has moved to the High Court seeking conservatory orders blocking the Inspector General of Police (IG) Douglas Kanja, the National Police Service (NPS), and the Attorney General from managing the NPS payroll.
Through a petition filed at the Milimani High Court, lawyer Wambui wants the court to temporarily bar the IG, NPS, AG, or any other person acting under their authority from taking any further action on the payroll until the petition is heard and determined.
“That pending the hearing and determination of this application herein, a conservatory order be issued restraining the respondents (IG, NPS, and AG), whether by themselves, their officers, servants, agents, or any person acting under their authority, from taking any further action in respect of the management, alteration, or control of the payroll of the National Police Service,” part of the notice of motion read.
The petitioner also seeks a court order directing IG Kanja to preserve the status quo on all payroll data, records, and systems of the NPS, and to refrain from any alterations or deletions thereof.
“Pending the hearing and determination of the petition, a conservatory order be issued directing the 1st Respondent (IG Kanja) to preserve the status quo on all payroll data, records, and systems of the National Police Service, and to refrain from any alterations or deletions thereof,” part of the petition read.
Lawyer Wambui is also seeking to have the court issue a temporary order of injunction restraining the IG and NPS from interfering in any way with payroll management.
Through his lawyer, Danstan Omari, Wambui argues that there is an imminent risk of alteration, deletion, or misuse of payroll data and records, which would cause irreparable prejudice to the constitutional functions of the National Police Service Commission (NPSC) and compromise ongoing human resource and disciplinary processes.
Additionally, he states that without interim protection, there is a real and imminent risk that unilateral changes to payroll management will be effected, which could undermine the effectiveness of ongoing recruitment, promotions, and disciplinary processes, and further pose a national security risk.
He further avers that payroll administration is the primary instrument by which human resource decisions, including recruitment, promotions, transfers, suspensions, interdictions, and disciplinary outcomes, are implemented and reflected in the Service, and that any change to its custody or management has far-reaching implications.
Notably, he states that the NPSC, listed as the first interested party, is the employer of police officers and should have the exclusive mandate to manage the payroll.