Transfers don't discipline police, court rules
National
By
Kamau Muthoni
| Nov 06, 2025
Transferring police officers to discipline them amounts to harassment and is not a solution to indiscipline, Employment and Labour Relations Court Judge Nduma Nderi has said.
The judge, in a case where a Directorate of Criminal Investigations officer sued the National Police Service for deploying him to an anti-stock theft unit in Mandera, said police bosses should do away with the trend as it amounts to unfair labour practice.
He observed that the law on deployment was clear that an officer should serve at a duty station for at least a year.
Justice Nderi further noted that frequent transfers not only affect the lives of police officers but also disrupt their spouses and children, also required to adjust or move with them.
“If the National Police Service has any issue with the discipline or performance of the petitioner or any police officer for that matter, transfer is not the go-to measure. This, if frequently done, as is the case with the petitioner, amounts to harassment, not only to the officer but also to his family with psychological, financial and educational implications on the officer and his family, who in this case are school-going children,” said Justice Nderi.
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The case was filed by Martin Paul Geoffrey. He told the court that he is currently stationed at Kiambu Road based headquarters, under the anti-abduction unit.
Paul stated that he joined the police service on October 6, 2008 and had been deployed to Isiolo and Mandera before he came to Buru Buru, Nairobi, Gatundu Police Station, Mugutha, then to the DCI.
His transfer, Paul said, happened on February 27 this year after a rigorous interview. Nevertheless, he argued that after three months in his new station, he was ordered to head to Mandera. According to him, he expected to serve at the DCI for a minimum of one year or three years, as provided for by the National Police Service Standing Orders.
According to him, the transfer was allegedly instigated by a colleague who wrongly accused him of a crime which was dismissed by the court. He said after this, he was transferred to Buru Buru from Mandera.
Paul stated that he met the same colleague at the DCI canteen, a month after he had commenced working. After he testified, he was summoned and questioned by his supervisor about the circumstances that led to his transfer to Buru Buru.
He said the transfer from Kiambu Road to Mandera was irregular and had disrupted his family’s life. Paul further argued that the short notice was unreasonable and unfair as he would be forced to move his children from one school to another.
He stated that the transfers ought to be conducted in a free, transparent and fair manner as he had no disciplinary issue at the DCI. In the case, Paul sought compensation and an order barring his bosses from moving him to Mandera.
Despite being served with the court papers, the NPS, the Inspector General of Police, and the Director of Criminal Investigations did not respond to the case.