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ELRCDismissedNot stated in judgment· [2015] KEELRC 525 (KLR)

Kenneth Mwaniki Njiriri v Permanent Secretary Office of The President & 2 others [2015] KEELRC 525 (KLR)

Employment and Labour Relations Court
25 September 2015
OMO.N. Makau
1,282 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The claimant, a Chief Inspector of Police who had served the Kenya Police for 18 years, was summarily dismissed on 21.7.2003 for gross misconduct by the 2nd respondent. He sued seeking a declaration that he remained a bona fide employee pending proper termination, general damages for an alleged unlawful 14-day detention, special damages of Kshs.46,865, and salary arrears from July 2003 at Kshs.44,000 per month. The respondents denied liability, contending the dismissal was proper and within the 2nd respondent's authority, and earlier succeeded partially on a preliminary objection: by a ruling of Mwongo J dated 26.6.2012, the tort claim was struck out as time-barred while the employment contract claim proceeded. The suit was transferred to this court on 7.7.2014 and heard on 8.6.2015. The court framed two issues: whether the dismissal was invalid, null and void for breach of procedure and ultra vires action, and whether the reliefs should issue. The court found the claimant had admitted in the orderly room proceedings that he charged suspects with bailable simple robbery instead of robbery with violence and failed to open an inquiry file for a suspect who escaped custody. Applying paragraphs 30 and 36(i) of the Police Standing Orders, made under section 5 of the Police Act, the court held the dismissal was well founded and procedurally proper, noting the claimant's appeal to the 3rd respondent was dismissed. The tort claim was declined as time-barred. The suit was dismissed with no costs.

Key legal issues

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01

Validity of dismissal for gross misconduct following orderly room proceedings

Holding

Dismissal was valid and lawful; the claimant admitted the misconduct

Reasoning

The claimant was charged and convicted in orderly room proceedings for charging suspects with a bailable offence instead of capital robbery and failing to open an inquiry file for an escaped suspect. He admitted these facts in the exhibits. The Commissioner of Police had power under paragraph 30 of the Police Standing Orders to remove an inspector, and an appeal lay to the Public Service Commission, whose decision upholding the dismissal stood. On a balance of probability the dismissal was well founded.

p. 2
02

Claim for damages for alleged unlawful 14-day detention

Holding

Claim not entertained; struck out as time-barred before trial

Reasoning

Mwongo J, in a ruling of 26.6.2012, had allowed the preliminary objection on time bar in respect of the tort claim while dismissing it in respect of the employment contract claim. The tort claim therefore never proceeded to trial and was declined on that basis.

p. 3

Legal principles established

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  • Dismissal of a police inspector in accordance with the Police Standing Orders, including the right of appeal to the Public Service Commission, is valid and lawful

Court orders

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  1. 1.The suit is dismissed with no costs

Authorities

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Legislation

  • Government Proceedings ActCap. 40 (statutory notice)
  • Police Actsection 5, Cap. 84
  • Police Standing OrdersParagraphs 30, 36(i)
Jurisdiction invoked
Not expressly stated; suit transferred to this court on 7.7.2014 (from the High Court) as an employment and labour relations matter

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenneth Mwaniki Njiriri v Permanent Secretary Office of The President & 2 others [2015] KEELRC 525 (KLR)", Case Analysis (2015). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/525/eng@2015-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.