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High Court declares the task force chaired by former chief justice David Maraga unconstitutional.
In another legal blow, the High Court on Thursday, April 10, declared the task force chaired by former chief justice David Maraga unconstitutional, invalidating all its findings and recommendations.
Justice Bahati Mwamuye ruled that Ruto had overstepped his authority by forming the 23-member team without involving the independent National Police Service Commission (NPSC), which is constitutionally mandated to handle matters of police welfare and reforms.
Mwamuye faulted the president for bypassing independent institutions, warning against the growing trend of using task forces to perform functions reserved for constitutionally protected bodies.
“The president cannot, under the disguise of executive powers, take functions of an independent commission and vest them in a task force. It is unlawful and unconstitutional,” Justice Mwamuye ruled. What was the mandate of Maraga’s task force Formed in December 2022, the Maraga-led task force was tasked with reviewing police officers’ welfare, working conditions, and legal structures governing their service.
It was also meant to streamline operations within the National Police Service (NPS) and Kenya Prisons Service (KPS). Among its key proposals was an increase in salaries for officers in the homeland department and a recommendation to open up two distinct entry points into the service: constable and cadet.
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These changes, if implemented, would have required significant policy realignments by the NPSC.
The team submitted its final report to the president on October 5, 2023, sparking anticipation across the police force, many of whom hoped it would usher in long-awaited reforms.
After a two-year pause, the National Police Service (NPS) will resume officer recruitment in late 2025, with a particular emphasis on appointing cadet officers. This initiative was part of a broader strategy to enhance service delivery and rectify persistent shortcomings within the force.
Interior Principal Secretary Raymond Omollo stated that this recruitment aligned with recommendations from Maraga’s team.
The decision to focus on cadet officers was to diversify entry points into the police ranks, moving away from the traditional uniform entry-level induction.
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