Edwin Kosgei Kibor & another v Inspector General of Police & 3 others [2018] KEELRC 1975 (KLR)

The respondents did not deny that the petitioners arrived on the evening of 2nd November 2013 and were summoned to Orderly Room Proceedings at 7.30 am the next morning without notification of charges. The Force Standing Orders require written notification of alleged offences. The proceedings against the 2nd petitioner offended natural justice, and there was no evidence the 1st petitioner was subjected to proceedings at all, rendering the dismissal a nullity.

The letters of dismissal were signed by P. Ndirima on behalf of the Deputy Inspector General with his rank undisclosed. Under Article 246(3)(b) disciplinary control and removal of police officers is the role of the National Police Service Commission, observing due process. The Commission's own letter of 15th January 2014 showed it was unaware of the dismissals long after they were made, demonstrating no consultation and a violation of due process.

Having found violations of Articles 41, 47 and 50, the court held the petitioners, whose dismissal letters were received on 4th February 2014, were entitled to salary withheld from November 2013 to that date. The court declined reinstatement-type relief given the passage of time and awarded general damages by analogy to the authorities cited, plus interest on the salary from filing and on other items from judgment.

The petitioners relied on authority that an affidavit by a person who did not take the actions complained of carries little weight. IP Githae was only a witness before the proceedings and did not respond to key averments such as the duty rosters showing the petitioners worked without pay. The court instead rested its findings on the undisputed chronology and the defective record of proceedings.