A House Committee has attributed the perennial constitutional tug-of-war between the National Police Service (NPS) and the National Police Service Commission (NPSC) to the conflicting interpretations of Articles 245 and 246 of the Constitution.

The Committee on Implementation of the Constitution chaired by Hon. Caroli Omondi acknowledged that the standoff stems from ambiguity over the distinct roles and powers of the Inspector General (IG) and the Commission.

The lawmakers warned that the continued wrangling risks fracturing the integrity and unity of the police service.

Clash of Constitutional Mandates

Article 245 of the Constitution vests the IG with the operational command of the NPS, including the implementation of policy decisions, coordination of police operations nationwide, and the deployment of officers below the rank of Superintendent.

Conversely, Article 246 establishes the NPSC as the body mandated with human resource management within the police service.

This includes recruitment, appointments, promotions, transfers, disciplinary control, and oversight of training standards and curricula.

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Police Recruitment Funds & Payroll

Lawmakers noted rising tension over the allocation of funds for new police recruitment, with the NPSC raising concerns that the budget was directed to the NPS, effectively sidelining the Commission’s independent mandate to oversee recruitment processes.

Also at the heart of the dispute is the control of the payroll and other overlapping human resource functions. The NPSC insists that payroll management squarely falls within its constitutional mandate, while the IG maintains that relinquishing this function would erode his authority over police operations.

The Committee which met both parties today resolved to call for further consultations with key stakeholders, before making recommendations to the House so it can issue a definitive stance on the matter.

A photo of MPs attending the previous session in National Assembly PHOTO/Parliament