Police constable to be paid Sh16 million over withheld salary

By Newsflash Writer

The Inspector General of Police Douglas Kanja, his deputy Eliud Lagat and the National Police Service Commission (NPSC) have been ordered to settle Sh16 million in salary arrears owed to police constable Henry Nyakoe, plus interest.

Justice Linet Ndolo of the Nyeri Employment and Labour Relations Court held that Nyakoe’s remuneration was unlawfully withheld for close to 20 years, spanning August 31, 2000 to August 18, 2020.

The ruling stemmed from a judicial review application filed by the State, which sought to set aside earlier directives by Justice Byran Ongaya requiring the authorities to compensate Nyakoe.

Rights violation and reinstatement orders

Justice Ongaya had earlier ruled that Nyakoe’s constitutional rights were infringed when he was dismissed from the police service following two criminal cases before the Meru Magistrates Court, both of which ended in acquittals. He ordered that Nyakoe be reinstated, or alternatively be paid Sh3 million as compensation for the violation of his rights.

The court further directed that Nyakoe be readmitted into service, deployed and assigned duties, and report back to work by May 16, 2016. It also ordered the NPSC to pay all withheld salary and allowances dating back to August 31, 2000.

The IG, deputy IG, NPSC and the Attorney General later filed a notice of appeal against the decision, but it was struck out with costs on February 21, 2018.

On July 7, 2020, Nyakoe received a letter from the NPSC confirming his reinstatement, with an indication that his salary would be backdated to August 2000.

Despite this, Nyakoe told the court that the deputy IG and the commission failed to fully comply with Justice Ongaya’s 2016 decree, which provided for Sh16 million in arrears and interest accruing from October 2016.

He said he wrote to the Attorney General’s office seeking payment of the arrears but did not receive a response. In October 2024, the Solicitor General advised the IG to compute and settle Nyakoe’s outstanding salary, prompting Nyakoe to again seek intervention from the same office in January 2025.

Service history and disputed removal

During the judicial review proceedings, Silas Andiemi, appearing for the IG, deputy IG and the Attorney General, testified that Nyakoe was employed on August 31, 1996 and served in several stations, including Meru Police Station, where he was posted before his removal.

Andiemi said Nyakoe allegedly deserted duty on February 26, 2000 and was charged with desertion at the Meru Magistrates Court.
While the desertion case was pending, he was charged with murder after a teacher he had arrested died, a charge later reduced to manslaughter.

Nyakoe was acquitted in both cases, and his interdiction was lifted on July 24, 2002, with arrears paid for the period between May 1, 2000 and June 30, 2005.

Under the former Constitution, Commissioners of Police had powers to dismiss officers below the rank of Assistant Commissioner, authority that was exercised to remove Nyakoe from service with effect from June 30, 2004.

Overpayment

Following his removal, Nyakoe continued to receive salary until June 2005, resulting in an overpayment of Sh220,243.50, which was later recovered from his interdiction arrears and pension benefits.

Nyakoe challenged his dismissal in 2015, arguing that it occurred after his acquittal in the criminal cases and therefore amounted to double jeopardy. Andiemi said Nyakoe was reinstated and posted to Kibuye Sub-County on August 18, 2020 but failed to report to court within the stipulated 10 days.

He added that the Solicitor General’s directive to pay Sh16 million conflicted with the court judgment.

Nyakoe denied ever receiving any arrears, insisting that even if the Commissioner of Police had the authority to remove him, the decision was unlawful because he had been cleared of all charges that formed the basis of his dismissal.

NPSC chief executive Peter Leley testified that the Commissioner of Police had recommended Nyakoe’s removal and that his defence submissions were deemed unsatisfactory. He also said Nyakoe was never formally notified of the decision to remove him from service effective June 30, 2004.