MPs order IG of Police Kanja to immediately hand over HR, payroll functions to NPSC

MPs order IG of Police Kanja to immediately hand over HR, payroll functions to NPSC

PAC Chairperson and Butere MP Tindi Mwale faulted the police leadership for breaching the Constitution by withholding documents from the NPSC, which is the legally mandated employer of police officers.

The National Police Service (NPS) has been ordered to formally hand over control of all human resource functions to the National Police Service Commission (NPSC), amid accusations of blocking access to payroll records.

The National Assembly’s Public Accounts Committee (PAC) issued the directive on Tuesday, following findings by the Auditor General that the Commission had been denied access to key data necessary for oversight and auditing.

Inspector General of Police Douglas Kanja was directed to surrender the police payroll and all HR responsibilities immediately. He appeared before the committee alongside Deputy Inspector General Gilbert Masengeli and police accounting officer Bernice Lemedeket.

PAC Chairperson and Butere MP Tindi Mwale faulted the police leadership for breaching the Constitution by withholding documents from the NPSC, which is the legally mandated employer of police officers.

“This committee orders you, the Inspector General of Police, to hand over all payroll and human resource functions to the commission immediately, not in a week, but now,” Mwale said.

“The CEO of the commission must also write back to this committee to confirm receipt of those functions.”

Mwale said the committee would not allow further delays or defiance of constitutional mandates.

The standoff was first brought to light on July 16 when NPSC Chief Executive Officer Peter Lelei told the committee that repeated efforts to access payroll data had been frustrated by police leadership, effectively disabling the Commission’s ability to audit or implement human resource policies.

While defending the NPSC’s audited statements for the 2022/23 financial year, Lelei pointed to systemic obstruction from the Inspector General’s office as a major hurdle flagged by the Auditor General.

According to Article 246(3) of the Constitution, the NPSC has exclusive authority to recruit, appoint, confirm, promote, transfer and discipline police officers, including full control over payroll.

Despite this, legislators said the police service had unlawfully retained these roles, leading to persistent turf wars between the two institutions.

“The documents tabled here by the IG are not the payroll. Where is it?” questioned Lugari MP Nabii Nabwera.

“The commission is the legal employer of police officers. Why would the employer be denied access to payroll data?”

Aldai MP Marianne Kitany questioned the legality of Kanja’s continued service, accusing him of openly defying the Constitution.

“If the IG believes the Constitution was wrong to assign payroll functions to the commission, he should first surrender the functions and then seek an amendment,” Kitany said.

“But as things stand, we are left wondering whether the IG should even continue in office if he openly disregards the Constitution.”

Mathioya MP Edwin Mugo added that the prolonged impasse had eroded the proper administration of the police service and undermined institutional integrity.

In his defence, Kanja insisted the NPS had acted within legal boundaries and maintained a collaborative relationship with the Commission.

“The NPS has maintained a constructive, respectful and professional working relationship with the NPSC in accordance with applicable laws and protocols,” he said.

Accounting officer Bernice Lemedeket echoed the IG’s sentiments, saying, “We were delegated some functions to be the authorised officers. That is how we are working together with our employer, and we have no issues.”

But MPs dismissed the explanation as insufficient. They accused both Kanja and Lemedeket of failing to meet constitutional standards.

“I wonder whether we should have the IG seated as an IG, having contravened the Constitution, and yet he wants the rest of Kenyans to follow it,” Kitany said.

PAC now wants NPSC CEO Peter Lelei to write formally to the committee confirming whether the payroll and HR functions have been received, as a measure of compliance. Kanja, in turn, pledged to adhere to the committee’s directive.

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