The Labour Court in Nairobi has dealt a blow to the National Police Service (NPS) and Inspector General of Police Douglas Kanja by stopping the transfers of more than 190 police officers from Narok East police stations.

In its ruling on Tuesday, the Labour Court issued temporary orders stopping the transfer of the 194 officers pending the determination and hearing of their case.

''Leave be and is hereby granted to the applicants to apply for Judicial Review Orders of Certiorari to quash the arbitrary transfers of the applicants issued by the respondents in contravention of Chapter 72 of the Service Standing Orders and Article 47 of the Constitution of Kenya,'' the court documents read in part. 

''That leave be and is hereby granted to the Applicants to apply for Judicial Review orders of Prohibition to prohibit the Respondents from further issuing arbitrary and punitive transfer orders without following due process.''

Carcasses block a road during protests in Narok (left) and an injured police officer during the clash

Photo

Kenyans.co.ke

The orders came after an activist, Memba Ocharo, moved to court to challenge the order NPS issued through the Director of Operations William Yiampoi.

Appearing before Justice Nduma Nderi on Tuesday through his lawyer Danstan Omari, Ocharo urged the court to revoke what he described as abrupt and punitive transfers.

Additionally, he informed the court that the transfers of officers serving at Duka Moja and Ntulele police stations were against the Service Standing Orders. 

Ocharo sought to have the court revoke what he described as abrupt and punitive transfers executed in violation of the Service Standing Orders. 

''I want to assure you that by Monday, we will have transferred all the officers and replaced them with a new batch,'' Yiampoi announced during a visit to the area.

The officers were transferred after residents of Narok County around Duka Moja and Ntulele protested on January 17 blocking the Nairobi Suswa Mahi Mahiu Highway for more than 24 hours.

The protests saw three people die from gunshots with one officer nursing serious injuries after his hand was chopped off. 

Further, in his ruling, Justice Nduma said that the NPS and the Interior Ministry initiate proper transfer protocols and pay the officers their allowances before embarking on the same. 

Additionally, the court ruled that the officers be provided with psychological support before the transfers are effected in line with the Service Orders. 

''That leave be and is hereby granted to the applicants to apply for Judicial Review orders of mandamus compelling the respondents to facilitate the proper transfer of officers, including payment of allowances, in compliance with the law and provide counselling and psychosocial support to officers affected by the transfers,'' it added. 

Police officers during protests in Nakuru on June 25, 2024

Photo

LOISE MACHARIA