The Attorney General has asked the High Court to dismiss an application by Sheria Mtaani that seeks conservatory orders over the administration of the National Police Service (NPS) payroll.
In grounds of opposition filed in court, the AG argued that the application falls short of the legal threshold required for interim relief. The court papers emphasize that conservatory orders are an extraordinary remedy, available only when an applicant establishes a prima facie case, shows that the petition would be rendered nugatory without such orders, and demonstrates that public interest favors judicial intervention.
According to the AG, the petitioners’ fears were speculative and unsupported by evidence. The State contends that the relief sought also offends express constitutional provisions. Article 245 of the Constitution, the AG noted, gives the Inspector General of Police independent command over the National Police Service, which includes payroll administration as part of promotions, transfers, and disciplinary processes.
“The Constitution expressly prohibits directing the Inspector General on matters relating to employment, assignment, promotion, suspension, or dismissal of officers,” the AG’s pleadings state.
While acknowledging that Article 246 of the Constitution establishes the National Police Service Commission (NPSC) and mandates it to oversee recruitment, promotions, transfers, and disciplinary control, the AG clarified that no constitutional provision grants the Commission authority over payroll management or financial administration. Instead, the Commission’s role, the State argued, is limited to setting human resource policies, not handling the day-to-day financial records of the Service.
The AG warned that granting the orders sought would effectively transfer payroll functions to the NPSC, undermining the Inspector General’s mandate and disrupting the balance of powers carefully set out in Articles 245 and 246. Such interference, the AG maintained, would destabilize the chain of command within the Service and jeopardize continuity in police operations.
“In the circumstances, the petitioners have not demonstrated any legal entitlement to justify conservatory relief. Granting the orders would upset the constitutional distribution of authority and impede state functions without proof of any clear constitutional harm,” the State submitted.
The case is expected to test the boundaries of constitutional mandates between the Inspector General and the National Police Service Commission, with implications for police command and accountability structures.
