Graduate police officers have received a major boost after a judge ruled that the reduction of their salaries and downgrading of their job groups four years ago was illegal.
The Employment and Labour Relations Court ordered the National Police Service Commission to immediately reinstate the cut salary.
The judge went on to say that the police officers were specifically and properly recruited as graduate constables under the terms and that their rights had followed as a result.
“The decision was arbitrary, unreasonable, unlawful and a blatant violation of the accrued rights of the applicants from the date of their recruitment to that when they were demoted for no good cause and their remuneration reduced to their great loss and detriment,” the judge said.
The downgrade from employment group ‘J’ to job group ‘F’ was deemed arbitrary and unfair by Justice Mathews Nduma.
Meshack Mutukho and John Kariuki, Ayub Gikonyo, Dorothy Mbusiro, and Robinson Kipkorir, five police officers, accused the police force of lowering their pay after the elimination of graduate constables.
Following the creation and approval of the career progression rules in 2016, the officers were initially awarded pay corresponding to the level of Inspector.
The commission defended its decision, claiming that the letters on which the officers relied were out of date.
The court heard that Regulation 4 establishes the criteria for entry into the service, and graduate constable is not one of those groups.