A junior police officer, Isaac Kirimi Kariuki, has won a significant legal battle against the Attorney General and Inspector General of Police, Douglas Kanja.
This ruling comes as the Office of the Inspector General faces increasing criticism over the handling of police officers’ welfare and rights.
Officer Kirimi took the matter to the Employment and Labour Relations Court (ELRC) after the Inspector General decided to transfer him from Nairobi to Turkana County, a remote region.
He opposed the transfer, citing the need to care for his seven-year-old son who lives with a disability.
In his court submissions, Kirimi argued that the transfer would harm his child’s well-being as the boy receives specialized medical care at a leading hospital in Nairobi and attends a special needs school in the city.
He stated that relocating to Lokutang’ in Turkana would disrupt his son’s education and medical treatments, directly impacting his health and development.
Justice Byram Ongaya, presiding over the case, ruled in favor of Officer Kirimi. He directed the Attorney General, the National Police Service Commission (NPSC), and the Directorate of Criminal Investigations (DCI) to establish a clear policy safeguarding the rights of police officers with dependents who have physical or cognitive disabilities.
The policy should regulate transfers in such cases to ensure family needs are considered.
In response, the AG, NPSC, and DCI defended the transfer, claiming it was conducted in line with police service standing orders.
These orders allow the transfer of any officer, except the Deputy Inspector General, Director of DCI, and the Inspector General himself, to serve in any part of the country. They denied any hidden motive behind the decision.
However, the ruling has been seen as a major victory for both junior and senior officers within the National Police Service (NPS), many of whom have raised concerns about unfair and targeted transfers.
Officers have previously claimed that such transfers are often used as a form of punishment when they clash with their superiors over work-related issues.
In Officer Kirimi’s specific case, the NPSC and DCI argued that the transfer was initiated after a member of the public lodged a complaint against him.
The complainant accused Kirimi of unlawfully obtaining money and later intimidating him to withdraw the case.
This landmark ruling sets a precedent for better protection of police officers’ family rights and emphasizes the need for compassionate policies within the National Police Service.
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