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NPSC Clarifies Non-Practising Allowance Eligibility for Uniformed Legal Officers

The National Police Service Commission presented its submission to the Departmental Committee on Administration and Internal Security regarding the payment of non-practising allowance to uniformed legal officers within the National Police Service.

The submission, delivered by Deputy Chief Executive Officer in charge of Finance, Planning and Administration, John Wambugu, responded to a parliamentary inquiry arising from the decision of the Court of Appeal in National Environment Management Authority v Wabwoto & 3 Others.

The Commission clarified that eligibility for non-practising allowance is limited to officers formally recruited, appointed, and deployed within the Legal Services cadre of the Service. Such officers must meet the prescribed requirements, including admission as Advocates of the High Court of Kenya and active engagement in the provision of legal services within the Service.

A distinction was drawn between officers appointed directly into the Legal Services cadre and those serving within the general policing cadre who subsequently acquire legal qualifications. The Commission highlighted that acquisition of legal credentials, without formal redesignation, does not in itself confer entitlement to the allowance.

The Chairperson, Dr. Amani Komora, noted that the Commission remains open to considering applications for redesignation into the Legal Services cadre. Such consideration is subject to compliance with the applicable career progression guidelines, attainment of requisite qualifications, and the availability of positions within the approved establishment.

The submission underscored the Commission’s commitment to fair and structured human resource management, grounded in the constitutional framework, applicable policies and human resource manuals.

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