Sheria Mtaani moves to court challenging takeover of police payroll by IG
They argue that payroll administration is not merely an accounting function, but a key mechanism through which recruitment, promotions, transfers, suspensions, interdictions, and disciplinary measures are implemented.
A lobby group has moved to court to challenge the alleged takeover of the police payroll by the Inspector-General of Police, arguing that it is unconstitutional.
In a petition filed by Sheria Mtaani na Shadrack Wambui, through lawyer Danstan Omari, the group accuses the Inspector-General (IG) and the National Police Service (NPS) of unilaterally assuming payroll management, a role which it says the Constitution assigns exclusively to the National Police Service Commission (NPSC) under Article 246(3).
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They argue that payroll administration is not merely an accounting function, but a key mechanism through which recruitment, promotions, transfers, suspensions, interdictions, and disciplinary measures are implemented.
“The unilateral control by the IG risks alteration or deletion of payroll records, undermines due process, frustrates disciplinary proceedings, and poses a national security threat,” the court documents state.
According to the petition, the dispute was first aired publicly on August 4, 2025, having earlier been raised before the National Assembly’s Public Accounts Committee.
The committee directed the IG to hand over payroll management to the Commission, citing its role as the police employer. Despite this directive, the petition alleges, the IG has continued to assert control over the payroll systems.
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 a national security risk,” the petition reads.
The court papers also state 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 the 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.
The petitioners are seeking conservatory orders to restrain the IG and the NPS from altering or managing the payroll pending the determination of the case.
They also want the court to declare that payroll management is a human resource function within the NPSC’s mandate, and to issue a judicial review order compelling the IG to surrender all payroll functions, records, and systems to the Commission.
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