The government has suffered a major setback after the High Court declared the formation of a 23-member presidential task force to review police welfare unconstitutional.

Justice Lawrence Mugambi ruled that the President’s move to establish the national task force, chaired by former Chief Justice David Maraga, was illegal as it violated constitutional provisions.

The judge also ruled that, since the task force is unconstitutional, any decisions or actions made by it are likewise invalid.

“I concur with the petitioner and therefore, this court suspends the operations of the task force and the gazette notice that established it,” Mugambi ruled.

“Any resultant recommendation by the task force deriving from the decision of the task force is unconstitutional, null and void.”

The judge found that the president had no mandate to establish a task force on police reforms, as his decision had  overstepped the role of the National Police Service Commission (NPSC).  

The decision of the court comes after Nakuru-based medic Dr Magare Gikenyi moved to court in 2023 to challenge President William Ruto’s decision to establish the task force to review welfare of police officers.

He argued that the president usurped the role of the NSPC, and therefore, the task force was illegal and unconstitutional.

Dr Gikenyi contended that the work is constitutionally a mandate of NPSC and not “politically and executive initiated taskforces.”

“It is the NPSC that is supposed to establish the said task force and not the President. The President can establish any other task force but not the task force on independent commissions,” he argued.

He also contended that the constitution does not envisage a situation where the President directs the working of an independent commission, in this case the NPSC.

“One wonders why the Attorney General is establishing a task force when we have the NPSC which is supposed to do the same work. This action is irregular and irrational, to say the least.”

It is his argument that the actions of the state will lead to outright abuse of political power and loss of public confidence.

According to the President, the task force was informed by the perennial welfare challenges that continue to compromise the efficacy and the ability of the National Police Service and the Kenya Prisons Service to deliver on their mandate.

Its key mandate was to look into how to improve the terms and conditions of service and other reforms for members of the NPS and Prisons.

Magare sued the AG, the national taskforce on the improvement of the terms and conditions of service and other reforms for members of the NPS and Kenya Prisons Service, and the National Police Service Commission. On December 21, 2022, President Ruto appointed a task force to review operations of the police and prison services, later including the NYS.

Led by former Chief Justice David Maraga, it comprised experts from diverse fields. The team was mandated to address systemic challenges in security services and recommend reforms.

In November 2023, it submitted 598 recommendations, citing issues such as outdated policies, weak leadership, underfunding, corruption, poor pay, harsh working conditions, inadequate tools, and neglect of officers’ welfare.