In a recent press statement, the National Police Service Commission (NPSC) denounced the promotions conducted by the Inspector General of Police on the 5th of June, 2023, citing them as irregular and unlawful.
The Commission in the statement released by Peter Leley, CS, CEO of NPSC, highlighted that these promotions violated various constitutional provisions, regulations, and guidelines governing the National Police Service.
According to the statement, the Inspector General of Police announced the promotions, stating that they would take effect immediately.
However, the NPSC emphasized that the Inspector General does not possess the authority to make such promotions, as specified in Article 246 of the Constitution of Kenya-2010, the National Police Service Commission Promotion Regulations 2015, Chapter 34 of the National Police Service Standing Orders 2017, and the National Police Service Career Guidelines.
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The Commission raised several concerns about the validity of these promotions. Firstly, there were no declared or approved vacancies by the Commission, making it impossible to ascertain the merits of the promotions.
Furthermore, the covert nature of the promotions was noted, as there was no advertisement or public announcement regarding the available positions.
Additionally, the NPSC clarified that it had not made any determinations on the purported promotions.
In light of these irregularities, the National Police Service Commission issued a series of directives. Firstly, all promotions conferred on the 5th of June, 2023, were declared irregular and unprocedural.
The Commission warned any officer who used such ranks irregularly that they would be held personally liable for any benefits obtained through such means.
"All purported promotions as conferred on 5th June, 2023, to select Members of the National Police Service are irregular and unprocedural," the statement read.
"Any Officer using such rank as irregularly conferred is warned that any benefits so obtained shall attract personal liability."
The Principal Administrative Secretary of the National Police Service was instructed to refrain from implementing any promotions or related payroll decisions based on actions not determined by the Commission.
Furthermore, the Commission made it clear that any member of the service who implemented such promotions without a written determination from the Commission would be held personally liable.
The Commission also called for the Inspector General to recall his illegal actions, as they flagrantly violated constitutional principles and displayed a failure to uphold the rule of law by a state officer.
"The Inspector General should recall his illegal actions as they totally flout various Constitutional principles and his failure to uphold the rule of law as a State officer," the commission said.
In conclusion, the NPSC sought to reassure all police officers of its commitment to fairness and equal opportunity in administrative actions.
The Commission acknowledged the anxiety and confusion caused by these unprocedural and unlawful promotions and vowed to address the situation promptly.
"We are working to clear the anxiety and confusion caused by the said unprocedural and unlawful actions," the commission added.
National Police Service Commission, the press statement highlights the Commission's dedication to maintaining the integrity of the National Police Service and ensuring adherence to established rules and regulations.