NPSC says it will not cede hiring, promotion power in battle with IG Koome
National Police Service Commission Chief Executive Officer Peter Leley when appeared before the Senate Standing Committee on National Cohesion, Equal Opportunity at Parliament buildings on June 29.
The National Police Service Commission (NPSC) will not cede its constitutional power to recruit police officers to the Inspector-General of Police and the Interior Ministry, a parliamentary committee was told yesterday.
NPSC Chief Executive Officer Peter Leley told the Senate committee on Cohesion and Equal Opportunity that whereas the High Court asked the commission and the IG to seek an out-of-court settlement, it will not compromise on its constitutional power to recruit and promote police officers.
The commission and IG Japhet Koome have been at loggerheads over the recent promotion of 500 police officers. The standoff has seen the promotions put on hold.
NPSC nullified the promotions done Mr Koome, opening a fresh front in the long-running supremacy war between the commission and the IG.
“Although the dispute on promotions of 500 police officers is currently under mediation, one of the things we will put our foot down on is not only promotions, but recruitment of police officers. We will ensure that we protect our constitutional mandate to recruit police officers,” Mr Leley told the committee. “The core function of the NPSC is to recruit, appoint to office, exercise disciplinary control and promote police officers.”
NPSC derives its powers and functions from Chapter 14 of the constitution, which stipulates that the commission shall recruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions and transfers within the service; exercise disciplinary control over and remove persons holding or acting in offices within the service; and perform any other functions prescribed by national legislation.
The National Police Service Act, on the other hand, empowers the IG to, among other functions, implement policy decisions, audit police operations and functions, co-ordinate all police operations, prepare budgetary estimates and develop a policing plan, determine the establishment and maintenance of police stations, posts, outposts, units or unit bases in the country, determine the boundaries of the police facilities, and determine the distribution and deployment of officers.
Mr Leley told Senators that the NPSC will take over the recruitment function from the IG and the Interior Ministry, adding that it will stop at nothing to ensure that it claws back all its mandate that has been encroached by the IG and ministry.
“I assure this committee that it will be the last time that somebody will sell a plot of land to have their children recruited to the National Police Service,” he said in response to questions filed by Uasin Gishu Senator Jackson Mandago.
The disputed promotions by the IG touched on high-ranking officers at the national and regional levels.
“The matter somehow found itself in court and we were asked to explore conciliation. We are progressing but from our point of view, we insist that we will fearlessly adhere to the constitutional provisions, the law and regulations,” Mr Leley said.
“We don’t want to allow discretion where the law has express provision on whose mandate it is to recruit and promote officers,” he added.
Mr Mandago concurred that although the mediation process is underway, NPSC should demand that the full requirements of the constitution and the law be followed.
“Although the CEO has said they have been asked by the court to reconcile, as a House, we must insist that NPSC should be allowed to do their work. One of the things that need not be ceded is promotions of officers, which has been done based on favouritism,” Mr Mandago said.
“NPSC should never compromise on its constitutional mandate to promote and recruit officers. If NPSC negotiates with the IG and agrees to cede the power to promote and recruit police officers, we will fire the entire commission for violating the constitution,” he stated.
