The sterile air of Nairobi’s Milimani Law Courts was thick with tension yesterday as a case unfolded that could redefine the balance of power within Kenya’s security apparatus. In a petition that reads like a constitutional drama, Sheria Mtaani na Shadrack Wambui accused the top brass of the police of “hijacking” a critical human resource function, the payroll.
“This is not just about salaries,” Wambui told reporters outside the courtroom, his voice rising over the hum of onlookers. “It’s about the soul of police governance, the checks and balances that keep this country from sliding into chaos.”
At the heart of the legal battle is a question with profound implications: Who should control the payroll of the National Police Service?
On one side is the Inspector-General of Police, the 1st Respondent, accused of unilaterally managing payroll operations in defiance of constitutional provisions. On the other hand stands the National Police Service Commission (NPSC), constitutionally mandated to oversee recruitment, promotions, transfers, and discipline. The Petitioner argues that payroll administration is not a clerical detail—it’s a lever of power.
“Control the payroll, and you control people’s lives,” reads one section of the petition, drawing gasps from members of the press who had managed to get their hands on a copy.
Wambui painted a grim picture of the risks, warning that unchecked control could lead to the alteration or deletion of payroll data to punish dissenting officers or reward loyalists. “Imagine an officer interdicted for corruption,” he said, “only to continue receiving pay because the payroll was quietly edited. Or worse, a whistleblower suddenly finding themselves erased from the system.”
The stakes, he argued, go beyond accounting software. They cut to national security stability, public trust, and the integrity of constitutional governance.
Inside the court, lawyers for the Petitioner argued that the dispute is no mere bureaucratic turf war. Article 246(3) of the Constitution, they said, clearly places human resource management including payroll under the NPSC’s domain. Article 245, on the other hand, gives the Inspector-General operational command, but not the administrative purse strings.
“This is the kind of constitutional ambiguity that, if left unchecked, will fester into institutional rot,” Wambui told the judge. His tone was calm, but the warning was unmistakable.
The urgency of the matter was underscored by recent events. Weeks ago, the National Assembly’s Public Accounts Committee publicly ordered the Inspector-General to hand over payroll functions to the NPSC. The directive was met with defiance, setting the stage for a high-stakes showdown.
“There’s a risk here of a silent coup within the police service,” Wambui said after the hearing, “where one office consolidates both the sword and the purse.”
The petition seeks conservatory orders to freeze any payroll changes until the court resolves the matter. This, Wambui insists, is to “preserve the integrity of data and ensure no one’s livelihood or disciplinary status is manipulated for political or personal ends.”
Supporters of the petition see it as a fight for the rule of law. “If the constitution says the NPSC handles HR, then let it handle HR,” said a former police officer watching from the public gallery. “We swore to serve the people, not to be pawns in a power game.”
Critics, however, warn that the case could weaken the operational autonomy of the police, bogging down decisions in bureaucratic wrangling. The Attorney General’s office, representing the state, hinted at this concern, noting that “security operations require swift action and unity of command.”
As the hearing adjourned, the courtroom emptied into the buzzing courtyard. Journalists rushed to file stories, activists exchanged hopeful glances, and uniformed officers kept a wary distance from the cameras.
For now, the fate of the police payroll, and the constitutional architecture that supports it, rests in the hands of the court. But as one seasoned legal analyst muttered under his breath while packing up his notes, “This isn’t just a case about money. This is a battle for the heart of the Kenyan police force.”
