NAIROBI, Kenya, Jun, 23 – The Supreme Court has dismissed an appeal in a suit by graduate police constables who sought a pay rise citing a pre-2010 circular.
In a decision rendered on Friday, the court said the legal dispensation had changed since 1969 when the circular was issued and as such, graduate police constables would need to align their requests accordingly.
The court noted that the National Police Service and the National Police Service Commission cannot interfere with the mandate of the Salaries and Remuneration Commission (SRC).
“We accordingly dismiss this appeal for want of merit, but stress that police officers who are holders of degrees from recognized universities or other such institutions must follow the law and the guidelines, by submitting their applications for consideration by the authorized body to grant either a promotion or a reward under the horizontal career development scheme,” justices of the country’s top court ruled.
In the suit, graduate constables who had pursued higher education while in the service had moved to court challenging failure by the police service to effect pay rises to match their counterparts recruited as graduate constables.
Job Group J
They cited a notice issued on 1st January 1969 when then Police Commissioner granted graduate police officers in the rank of constable a salary higher than their non-graduate counterparts.
Over time, the practice developed into a policy within the police force as demonstrated in a successive letter from the Permanent Secretary in Charge of Personnel Management.
In a letter dated 26th July 1995, the Permanent Secretary directed that Graduate Police Constables be designated as University Graduate Constables and placed in Job Group J.
They also cited a press release in which former NPSC Chairperson Johnston Kavuludi confirmed that payment of varied salaries in the National Police Service was legally protected and was provided for in the service policy guidelines.
