The court had ordered the commission to maintain the pay and suspend plans to demote them until the case is determined.
Justice Nduma noted that the commission has not appealed against the decision but has chosen to ignore the order by reducing the police officers’ salaries.
The judge also ruled that he will not hear submissions from the police bosses until they complied with the order.
The chairperson of the National Police Service Commission Eliud Kinuthia has been ordered to appear in court and explain why he should not be punished for disobeying a directive requiring him to reverse the move to reduce salaries of graduate constables.
Justice Mathews Nduma ruled that Mr Kinuthia and the commission have chosen to ignore the order issued on December 15, requiring it to maintain the high salaries the graduate constables were receiving, pending the determination of a petition the officers have filed.
The court had ordered the commission to maintain the pay and suspend plans to demote them until the case is determined. Justice Nduma noted that the commission has not appealed against the decision but has chosen to ignore the order by reducing the police officers’ salaries.
“The respondents have instead opted to take the law into their own hands and contemptuously submit before court that the orders granted on 15th December 2021 are incapable of being complied with and so they will not comply with them,” the judge said.
The judge also ruled that he will not hear submissions from the police bosses until they complied with the order. He said the case will henceforth proceed without the commission’s input.
Three officers —Ayub Gikonyo, Dorothy Mbusiro and Robinson Kipkorir — moved to court last year after the police commission and Inspector General of Police Hillary Mutyambai announced plans to abolish the post of graduate constables.
The commission later downgraded the salaries of graduate police constables, who were being paid salaries of Job group J equivalent to the rank of inspector, after the formulation and approval of the career progression guidelines in 2016.
The officers’ salaries were first reduced in 2018 but they moved to the High Court and successfully argued for the reinstatement of the slashed pay.
Last year, the Commission reduced the salaries and explained that there was no rank known as graduate constable, a decision that led to protests.
An inspector earns a basic salary of Sh57,300, which includes officers who graduated before 2016 while non-graduates in job group ‘F’ earn a basic of Sh31,000. They also enjoy a monthly house allowance of Sh24,950 while those in the constable rank earn Sh14,300.
The group also gets risk allowances of Sh11,000 while the constables in job group F receive Sh9,000 monthly. Inspectors and constables also earn a flat rate of Sh4,000 as commuter allowance.
Most of the graduate constables joined the police service in 2013 after completing university and were posted under job group J.
