Petition filed to block IG from managing police payroll

A petition has been filed at the Milimani Law Courts by Sheria Mtaani and lawyer Shadrack Wambui challenging the alleged takeover of the police payroll by the Inspector General of Police, terming it unconstitutional.

The case pits the National Police Service (NPS) against the National Police Service Commission (NPSC) in a dispute over who should control the NPS payroll.

Through lawyer Danstan Omari, the petitioners accuse the IG and the NPS of unilaterally assuming payroll management — a role they argue the Constitution, under Article 246(3), assigns exclusively to the NPSC.

They contend that payroll administration is more than an accounting function, describing it as a key mechanism for implementing recruitment, promotions, transfers, suspensions, interdictions, and disciplinary measures.

They warn that unilateral control by the IG risks alteration or deletion of payroll records, undermines due process, frustrates disciplinary proceedings, and poses a national security threat.

According to court documents, the dispute was first made public on August 4, 2025, and had earlier been raised before the National Assembly’s Public Accounts Committee (PAC), which directed the IG to hand over payroll management to the NPSC, citing its role as the employer of police officers.

Despite this directive, the petition alleges that the IG has continued to assert control over the payroll systems.

The petitioners are seeking conservatory orders to restrain the IG and the NPS from altering or managing the payroll pending determination of the case.

They also seek declarations that payroll management is a human resource function within the NPSC’s mandate, and a judicial review order compelling the IG to surrender all payroll functions, records, and systems to the Commission.

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 court papers read.

The petition notes 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 interpretation by the court.

They argue that without 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.