Maraga taskforce declared illegal one year after handing over report
The court directed that even the recommendations by the task force, which some are being implemented by the government, are invalid.
The Emeritus Chief Justice David Maraga-led police reform task force has been declared unconstitutional, one and a half years after it submitted their report.
In a ruling made today, Justice Lawrence Mugambi stated that President William Ruto duplicated the roles of the National Police Service Commission (NPSC) when he named the 23-member team to recommend how to reform the service as well as the Kenya Prisons Service.
“A declaration is hereby issued that the decision by the President of the Republic of Kenya to establish the task force on the improvement of terms and conditions, as well as other matters concerning members of the National Police Service and the Kenya Prisons Service, and to confer upon it specific roles that fall under the mandate of the NPSC, is unconstitutional, null, and void,” he ruled.
The judge directed that even the recommendations by the task force, which some are being implemented by the government, are invalid.
“I concur with the petitioner and this court suspends the operations of the task force and the gazette notice that established it,” Mugambi ordered.
The ruling by the court, which comes as a blow, is after a Nakuru-based doctor and activist, Magare Gikenyi, filed a petition in 2023 challenging the decision by the head of State to form the task force.
In his petition, Gikenyi argued that the NPSC has the core mandate to establish the taskforce and not President Ruto, hence the illegality and contravention of the 2010 constitution.
“It is the NPSC that is supposed to establish the said task force and not the President. The President can establish any other task force, but not the task force on independent commissions,” he argued.
Gikenyi contended that the constitution does not envisage a situation where the President directs the working of an independent commission, in this case, the NPSC.
“One wonders why the Attorney General is establishing a task force when we have the NPSC, which is supposed to do the same work. This action is irregular and irrational, to say the least.”
According to Gikenyi, the actions of the state will lead to outright abuse of political power and loss of public confidence.
The taskforce, which was formed in December 2022, submitted its report to President Ruto in November 2023 after assessing the welfare of the police and prison officers and reviewing their terms and conditions of service, some of which have already started being implemented.
The task force identified legal, policy, administrative, institutional, and operational challenges in the National Police Service and the Kenya Prisons Service.
In its report, it recommended an increase in salary for the service men under the homeland department, as they recommended two entry points into NPS; cadet and Constable Levels, with the NPSC being at the sole role of determining the details.
