Legal Battle Erupts Over Control of Police Payroll
They argue that payroll administration is not just an accounting function but the key mechanism for implementing recruitment, promotions, transfers, suspensions, interdictions, and disciplinary measures.
Sheria Mtaani has moved to court challenging the alleged takeover of the police payroll by the Inspector General of Police, an action they argue to be unconstitutional.
The wrangles emanate from who should control the National Police Service payroll between the National Police Service and the National Police Service Commission.
Through Lawyers Danstan Omari and Shadrack Wambui, the lobby group accuses the Inspector-General (IG) and the National Police Service (NPS) of unilaterally assuming payroll management — a role it says the Constitution assigns exclusively to the National Police Service Commission (NPSC) under Article 246(3).
They argue that payroll administration is not just an accounting function but the key mechanism for implementing recruitment, promotions, transfers, suspensions, interdictions, and disciplinary measures.
They warn that unilateral control by the IG risks alteration or deletion of payroll records, undermines due process, frustrates disciplinary proceedings, and poses a national security threat.
According to court documents, the dispute was first aired publicly on August 4, 2025. It had earlier been raised before the National Assembly’s Public Accounts Committee, which directed the IG to hand over payroll management to the Commission, citing its role as the police employer. Despite the directive, the petition alleges that the IG has continued to assert control over the payroll systems.
They urged Justice Lawlence Mugambi to issue conservatory orders to restrain the IG and the NPS from altering or managing the payroll pending the determination of the case.
It also seeks declarations that payroll management is a human resource function within the NPSC’s mandate, and a judicial review order compelling the IG to surrender all payroll functions, records, and systems to the Commission.
Sheria Mtaani has urged the court to treat the matter as extremely urgent, warning that without immediate intervention, there could be administrative paralysis, erosion of public confidence in police governance, and irreversible harm to constitutional structures.
“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 national security risk,” reads court documents.
THAT the dispute implicates constitutional provisions on the independence of commissions under Article 249, the scope of operational command under Article 245, and the statutory distribution of functions under the National Police Service Act and the National Police Service Commission Act, all of which require this Honourable Court’s interpretation.
They argue that in the absence of conservatory orders, there is a substantial risk of administrative paralysis, institutional conflict, and erosion of public confidence in the governance of the National Police Service.
Justice Mugambi ordered the plaintiff to serve the documents to the respondent within three days and scheduled the matter for mention on September 29, 2025, for further directions.
