NPS re-advertises positions after promotion row with IG Koome
The National Police Service Commission (NPSC) has advertised positions anew after a row with Inspector General of Police Japeth Koome.
On Monday, June 5, 2023, Koome unilaterally appointed 514 officers to the national service, but the commission responded by rejecting such the move claiming that constitutionally, they were the only body mandated to make the promotions.
Koome had promoted the officers, and their promotions were set to take place immediately, but the response from the commission saw the process halted, and now the positions have been advertised for application.
NPSC advertisement
"In view of the uncertainty occasioned by other communications in respect of this advert, the commission hereby extends the deadline for submission of applications from June 30, 2023, to July 14, 2023, at the latest, 5:00 pm," NPSC said in a statement.
The tug-of-war between the police chief and the commission had divided the service, and a prolonged disagreement was seen as a dangerous development within the law-enforcing body.
After making the promotions, IG Koome found himself on the receiving end of criticism and was also taken to court by Busia Senator Okiya Omtatah.
Omtatah wanted the Constitution and Human Rights Division of the High Court to issue a conservatory order to stop the promotions made by the police boss. The lawmaker moved to court and cited a number of grounds on which he based his case that Koome acted illegally in making the promotions.
Omtatah wanted the court to suspend a June 9, 2023 memo by Koome that blocked the police officers from applying to the positions that had also been advertised by NPSC on the same date. 
Omtatah then based his argument on Article 246 (3)(a) of the Constitution of Kenya, which states that human resource functions; recruitment, appointment, confirmation of appointment, promotion, transfer, disciplinary control, and removal of police officers within the National Police Service are mandates to be undertaken by the National Police Service Commission only.
The politician-cum-activist also said Koome could not act unilaterally on promoting members within the police service since he is part of the nine-member committee that decides on the welfare of police officers. Section 10 of the National Police Service Act, according to Omtatah, does not give Koome the powers he attempted to wield.
LSK position
The Law Society of Kenya also waded into the issue and claimed Koome acted illegally. LSK was of the view, just like Omtatah, that Koome's actions were illegal.
"The Law Society is of the considered view that the plain reading of Article 245 (4)(c) does not donate any power to the IG to make any appointments or determine promotions and transfers within NPS as those are functions exclusively reserved for the National Police Service Commission under Article 246(3) (a)," Eric Theuri, the LSK's president, said in a statement then. 
LSK further claimed that Koome can only appoint, promote, and transfer officers who are below the rank of superintendent.
"Section 10 (2) provides that the commission may delegate to the Inspector General the power to recruit, appoint, or promote police officers below the rank of superintendent.
"It follows that the powers to appoint, recruit, or promote officers above the rank of superintended are exclusively reserved for the commissioner by both the Constitution and Statute," it added.
In the advertisement, there are six Senior Assistant Inspector General posts, 22 Assistant Inspector General vacancies, and 43 openings in the rank of Commissioner of Police.
The Senior Superintendent of Police has the most vacancies, 160, while the Superintendent of Police has 96 vacancies that will be filled when the application exercise ends.
