Supreme Court rules against two officers in battle with PSC over salary increase

Supreme Court of Kenya has ruled against two police officers who appealed for compensation from the National Police Service (NPSC) after obtaining university degrees. [Standard, file]

The Supreme Court of Kenya has ruled against two police officers who appealed for compensation from the National Police Service (NPSC) after obtaining university degrees.

The officers had accused the NPSC of failing to upgrade their salaries to match those of graduate officers.

The case was initially presented in the Employment and Labour Relations Court (ELRC) before progressing to the Court of Appeal and ultimately reaching the Supreme Court.

The judges at the Supreme Court reviewed the decision made by the Court of Appeal, which had dismissed the judgment of the Employment and Labour Relations Court.

The lower court had previously granted the officers their requested orders, including a salary increase to Job Group J, aligning them with other graduate police officers who receive salaries equivalent to Inspectors of Police.

In addition, the Supreme Court also assessed whether the Court of Appeal had made an error in asserting that the officers could only be granted a pay rise with the explicit consent of the Salaries and Remuneration Commission (SRC).

The Appellate Court had emphasized the mandatory obligation of seeking the SRC's opinion in the context of the dispute.

In its ruling, the Supreme Court affirmed its jurisdiction to decide on the appeal, highlighting that the dispute had revolved around the interpretation and application of Articles 27, 41, and 47 of the Kenyan Constitution.

During the proceedings, the seven-judge bench took note of a circular issued on January 14, 1969, by the then Police Commissioner.

This circular granted graduate police officers in the rank of constable a higher salary compared to their non-graduate counterparts.