Kenya’s Attorney General Dorcas Oduor has urged the court to dismiss an application where Sheria Mataani has sought conservatory orders touching on the administration of the National Police Service payroll.
In the grounds of opposition filed before the court, the AG argues that the application has failed to meet the legal threshold for interim relief.
“Conservatory orders are an extraordinary remedy granted only when an applicant establishes a prima facie case, demonstrates that the petition would be rendered nugatory without the orders, and shows that public interest favors intervention,” states the AG in court papers
The AG maintained that the applicants had advanced speculative fears without factual evidence.
The AG further submits that the orders sought contravened clear constitutional provisions. Article 245 of the Constitution grants the Inspector General of Police independent command over the National Police Service, including payroll administration, which underpins promotions, transfers, and disciplinary processes.
“The Constitution expressly prohibits directing the Inspector General on matters relating to employment, assignment, promotion, suspension, or dismissal of officers,” reads court papers
While acknowledging that Article 246 establishes the National Police Service Commission (NPSC) and gives it functions such as recruitment, promotions, transfers, and disciplinary control, the AG stressed that no provision of the Constitution assigns payroll management or financial administration to the Commission.
She describes the petitioners’ claim that payroll is a Commission function as a misrepresentation of the law, clarifying that the Commission’s role is limited to setting human resource policies rather than managing the daily financial ledger of the police.
Similarly the AG warns that allowing the NPSC to assume payroll functions would undermine the Inspector General’s constitutional mandate and disrupt the delicate balance envisaged under Articles 245 and 246 adding that that such an order would interfere with the chain of command within the Service and jeopardize continuity in police operations.
“In the circumstances, the petitioners have not demonstrated any legal entitlement to justify conservatory relief. Granting the orders would upset the constitutional distribution of authority and impede state functions without proof of any clear constitutional harm,” the AG submits.
