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MPs orders immediate transfer of police payroll to service commission

MPs orders immediate transfer of police payroll to service commission
Inspector General of Police Douglas Kanja. PHOTO/NPS X
In Summary

MPs accused the police service of unlawfully clinging to these roles, despite lacking constitutional authority.

The National Assembly’s Public Accounts Committee has ordered Inspector General of Police Douglas Kanja to immediately hand over all human resource and payroll functions of the police service to the National Police Service Commission (NPSC), amid accusations of defying constitutional provisions.

This follows an audit query raised by the Auditor-General, which revealed that the NPSC had been blocked from accessing vital payroll data, thereby undermining its mandate to oversee and manage police personnel functions.

During a tense session on Tuesday, PAC Chairperson Tindi Mwale directed the Inspector General to comply without further delay, saying the commission’s authority as the employer must not be challenged.

“This committee orders you, the Inspector General of Police, to hand over all payroll and human resource functions to the commission immediately, not in a week, but now,” Mwale stated.
“The CEO of the commission must also write back to this committee to confirm receipt of those functions.”

Kanja appeared before the committee alongside Deputy Inspector General Gilbert Masengeli and accounting officer Bernice Lemedeket, where MPs expressed frustration over what they termed as continued resistance by the police service.

The dispute over control of payroll first emerged on July 16, when NPSC CEO Peter Lelei told the committee that attempts to access payroll records had been repeatedly blocked by police leadership. He said this obstruction had made it difficult for the commission to carry out audits or enforce policies affecting police officers.

Lelei’s position was supported by the Auditor-General’s report on the NPSC’s audited accounts for 2022/2023, which flagged this as a key challenge to constitutional compliance.

Under Article 246(3) of the Constitution, the National Police Service Commission is mandated to recruit, confirm, promote, and discipline police officers — functions that include full control of payroll and staff management.

MPs accused the police service of unlawfully clinging to these roles, despite lacking constitutional authority. Lugari MP Nabii Nabwera questioned the documents tabled by Kanja, saying they were not the actual payroll records.

“The commission is the legal employer of police officers. Why would the employer be denied access to payroll data?” Nabwera asked.

Aldai MP Marianne Kitany went further to question whether Kanja should remain in office if he was openly disregarding constitutional orders.

“If the IG believes the Constitution was wrong to assign payroll functions to the commission, he should first surrender the functions and then seek an amendment,” she said.
“But as things stand, we are left wondering whether the IG should even continue in office if he openly disregards the Constitution.”

Mathioya MP Edwin Mugo noted that the standoff had affected the proper functioning of the police service and weakened institutional accountability.

In response, Kanja maintained that the police service had always worked in a lawful and professional manner with the commission.

“The NPS has maintained a constructive, respectful and professional working relationship with the NPSC in accordance with applicable laws and protocols,” he told the committee.

Lemedeket, the police accounting officer, defended their actions, saying they were only executing delegated roles.

“We were delegated some functions to be the authorised officers. That is how we are working together with our employer, and we have no issues,” she said.

But PAC members rejected these arguments, accusing the police leadership of deliberately frustrating the commission’s work.

Kitany said: “I wonder whether we should have the IG seated as an IG, having contravened the Constitution, and yet he wants the rest of Kenyans to follow it.”

The committee now wants NPSC CEO Peter Lelei to formally notify them once the payroll and HR functions have been fully received. Kanja committed to complying with the directive.

The committee also warned against further delays, saying Parliament will not tolerate resistance to constitutional obligations.

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