Graduate cops win big as court reinstates cut pay

High Court judge Mathews Nderi Nduma.

Justice Nduma Nderi. NMG PHOTO

Graduate police officers have scored big after a judge ruled that the reduction of their salaries and downgrading of their job groups four years ago was illegal.

The Employment and Labour Relations court directed the National Police Service Commission to reinstate the slashed salary immediately.

Justice Mathews Nduma termed the demotion from job group ‘J’ to job group ‘F’ as arbitrary and unreasonable.0 The judge added that the police officers were expressly and legitimately recruited as graduate constables under the terms and their rights had ensued under the said terms.

“The decision was arbitrary, unreasonable, unlawful and a blatant violation of the accrued rights of the applicants from the date of their recruitment to that when they were demoted for no good cause and their remuneration reduced to their great loss and detriment,” the judge said.

Five police officers- Mr Meshack Mutukho and John Kariuki, Ayub Gikonyo, Dorothy Mbusiro and Robinson Kipkorir accused the police service of reducing their salaries following the abolishment of graduate constables.

The officers were initially paid salaries equivalent to the rank of Inspector, after the formulation and approval of the career progression guidelines in 2016. The commission defended the decision, saying the letters the officers were relying upon were obsolete.

The court heard that Regulation 4 provides the basis upon which a person may enter the service and graduate constable is not one of those categories provided in regulation.

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