AG Asks Court to Reject Move to Stop Police Hiring Over Payroll Dispute
The Attorney General has asked the High Court to dismiss a petition seeking to stop the recruitment of 10,000 police officers, saying the case lacks merit and would undermine the constitution.
The petition was filed by lobby group Sheria Mtaani which is challenging the management of the National Police Service (NPS) payroll. The group wants the court to issue conservatory orders stopping the recruitment until the matter is determined.
AG: Petition Fails to Meet Threshold
In its response to court, the Attorney General said the petition does not meet the threshold for interim relief. Conservatory orders, the AG noted, are special orders granted when a petitioner shows a strong case, proves their matter would be rendered useless without the orders and shows public interest favors such intervention.
Sheria Mtaani’s claims are speculative and not supported by evidence, the AG added and the application seeks to interfere with the constitutional functions of the Inspector General of Police.
Constitutional Provisions at Play
Court documents cited Article 245 of the Constitution which gives the Inspector General independent command of the NPS including payroll administration, promotions, transfers and discipline.
“The Constitution does not allow the Inspector General to be directed on matters relating to employment, assignment, promotion, suspension or dismissal of officers,” the AG’s submission reads.
Article 246 establishes the National Police Service Commission (NPSC) and gives it authority over recruitment, promotions and discipline but the AG noted payroll administration is not within its mandate.
Risk to Police Operations
The AG argued that allowing the NPSC to take over payroll management would be misinterpretation of the law. The move would undermine the Inspector General’s constitutional role, weaken the chain of command and disrupt police operations.
“Granting the orders would upset the constitutional distribution of authority and impede state functions without proof of any clear constitutional harm,” the AG added.
Why Sheria Mtaani Went to Court
Sheria Mtaani on its part argued that the police recruitment should be stopped until the payroll dispute is resolved. The group said proceeding with the recruitment would entrench disputed practices and prejudice the petition.
In its affidavit the group warned that allowing the process to go on would erode public confidence and render their petition ineffective.
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AG Asks Court to Reject Move to Stop Police Hiring Over Payroll Dispute