The Labour Relations and Employment Court has summoned the National Police Service Commission (NPSC) chairperson Eliud Kinuthia for disobeying orders to reinstate job grades and pay of graduate officers that were downgraded in 2021.
Justice Mathews Nderi Nduma ruled that the job groups and salaries must be reverted to the original arrangement.
This was pending the hearing and determination of a petition filed by the officers challenging the move.
“The chairperson of NPSC is hereby summoned to this court on a date to be determined by the court to show cause why he should not be cited for contempt and punished for disobeying orders of stay issued on December 15, 2021,” Nduma ruled.
Nduma also said the court would only give respondents an audience after they comply with the court’s directives.
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Supposing the respondents dong comply with the orders, Nduma said the case shall proceed in the interest of the petitioners on June 14, 2022.
“In the event the respondents fail to comply with the said orders, this suit shall proceed ex parte on June 14, 2022,” Nduma said.
Three Dorothy Mbusiro, Robinson Cheruiyot and Ayub Mathenge; all graduate police officers filed a case against the Inspector of Police Hilary Mutyambai, NPSC chair Eliud Kinuthia and the Attorney-General Kahara Kariuki for reducing their pay and demoting them.
The three officers acting on behalf of other officers said the respondents did not revert the remuneration they enjoyed under Job Group J under which they were employed in 2013 despite court orders.
Instead, they were demoted to Job Group K, the same entry grade job group for non-university degree holders and are currently earning salaries equivalent to Job Group F.
According to the officers, they had written to the respondents urging them to comply with the court orders but they have contemptuously and refused arbitrarily.
The Judge said the respondents cannot be allowed to disregard the court orders because they are compulsive, peremptory and binding.
“The respondents, regardless of their might, cannot be allowed to disregard lawful court orders,” Nduma said.
The respondents, through the Senior State Counsel Wycliffe Odukenya said they are incapable of implementing the orders that direct them to revert the pay.
However, the judge said the respondents are the primary enforcers of the rule of law and therefore must universally follow orders without prejudice.
“Indeed, the respondents are the primary enforcers of the rule of law and cannot have the liberty of choosing which court directives to obey,” Nduma said.
