The Labour Court on Thursday suspended the decision made by IG Japheth Koome to promote 514 police officers pending the hearing of the case challenging the procedure.
In the case, Senator Okiya Omtatah and activist Michael Otieno challenged the promotions made by Koome arguing that they are illegal.
In his ruling, Justice Byram Ongaya suspended the promotion pending the hearing of the case.
“Pending inter parties hearing of this application interim orders are hereby given staying the implementation of promotions affecting 514 police officers said to have been unilaterally effected on June 5 in the NPS,” the order reads.
Justice Ongaya further stayed the implementation of the memo by Koome issued on June 9 prohibiting police officers from applying to fill the 514 vacancies as already advertised in the press by the national police service commission.
The court has also ordered the National Police Service to immediately convene a meeting of all parties in the case to amicably consider resolving the dispute.
The judge said this will be within NPS investigative, conciliation, mediation and negotiation functions and powers envisaged and a compromise may be recorded in court at the next mention date.
The case will be mentioned on June 29 for further directions from the court.
There is infighting within the National Police Service Commission on the legality of the promotions made by Koome with the Chair Eliud Kinuthia nullifying the promotions.
Koome had announced the promotions which saw General Service Unit Commandant Eliud Lagat, Deputy Director of DCI Nicholas Kamwende and head of Investigations at DCI Abdallah Komesha promoted to the rank of Senior Assistant Inspector General of Police.
Internal Affairs Unit director David Birech was also among those promoted and all new regional police commanders were promoted to the rank of Assistant Inspector General of police.
On Monday LSK chair Eric Theuri faulted Koome for promoting the officers saying the law does not allow him to make appointments or determine promotions in the NPS.
He said NPSC Act only donates the power to the IG to appoint, promote and transfer to officers below the rank of superintendent.
The LSK President said Koome's actions amount to a serious violation of the Constitution, the NPS Act and the National Police Service Commission Act and is a ground for the removal of the Inspector General from office.
