Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedPetition 12 of 2016· [2019] KEELRC 2564 (KLR)

Lawrence Mwaura Njoroge v National Police Service Commission [2019] KEELRC 2564 (KLR)

Employment and Labour Relations Court of Kenya
11 February 2019
3,072 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court ruled police vetting decisions must only be signed by commissioners who actually heard the officer, nullifying this officer's removal.

What this practically means

#

Executive summary

#
The Petitioner, a police officer, petitioned the Employment and Labour Relations Court challenging his removal from the National Police Service following vetting, alleging breach of natural justice. He sought quashing of the vetting and review decisions, a declaration of violation of his rights, reinstatement with benefits, and costs. The Respondent maintained that the vetting and review were conducted procedurally under the Police Service (Vetting) Regulations 2013, that the Petitioner failed to explain regular bank deposits inconsistent with his known earnings, and that he declined to object to the panel despite ill health. The case was heard by written submissions. The court framed three issues: whether fair administrative action and fair hearing rights were violated; whether the removal decision was lawfully arrived at; and entitlement to remedies. Examining the Hansard, the court found the Petitioner knew the purpose of the vetting and was heard. However, the vetting decision was signed by six Commissioners, not all of whom sat on the vetting panel, and the review decision was signed by seven Commissioners while only three sat in the review, only one of whom had sat in the initial panel. The court held this amounted to condemning the Petitioner unheard, contrary to Section 4 of the Fair Administrative Action Act and the rules of natural justice, and declared the removal decision null and void. Instead of reinstatement, the court ordered that the Petitioner be deemed to have served successfully and be retired in the normal course of service from the date of judgment, with all withheld salaries and pension dues, plus costs against the Respondent.

Key legal issues

#
01

Whether the Petitioner was accorded fair administrative action and fair hearing

Holding

No - although the vetting hearing itself proceeded with the Petitioner's participation, the review process and decision-making offended natural justice because Commissioners who never heard the Petitioner signed and ratified the decisions

Reasoning

The court examined the Hansard records and found the Petitioner appeared before a vetting panel of named Commissioners and co-opted members, was asked about objections to the panel, and explained his income and bank accounts. However, the vetting decision was signed by six Commissioners, not all of whom sat in the panel, and the review decision was signed by seven Commissioners while only three sat in the review, only one of whom had sat in the initial vetting panel. Deciding or ratifying a decision against a person unheard is contrary to Section 4 of the Fair Administrative Action Act and rules of natural justice.

p. 5
02

Whether the decision to remove the Petitioner was lawfully arrived at

Holding

No - the decision was not arrived at with due process and was declared null and void

Reasoning

Because the decision-making process breached natural justice by involving Commissioners who did not hear the Petitioner, the removal decision could not stand. The court relied on Section 4 of the Fair Administrative Action Act and Article 47 of the Constitution, which guarantee administrative action that is lawful, reasonable and procedurally fair, and the right to be heard and given written reasons.

p. 5

Legal principles established

#
  • A vetting or review decision ratified or signed by Commissioners who did not sit in the panel that heard the officer offends the rules of natural justice and is null and void

Court orders

#
  1. 1.Declaration that the decision by the Respondent to declare the Petitioner unfit to serve in the police service was null and void
  2. 2.The Petitioner to be considered to have served in the police service successfully and to be retired accordingly in the normal course of service with effect from the date of the judgment
  3. 3.Petitioner entitled to all withheld salaries if any up to the date of retirement and all his pension dues
  4. 4.Respondent to pay costs of the Petition

Authorities

#

Legislation

  • Constitution of KenyaArticle 47
  • Constitution of KenyaArticle 50(1)
  • Fair Administrative Action ActSection 4(1), (2), (3), (4)
  • National Police Service ActSection 7(2)
  • Police Service (Vetting) Regulations 2013Regulations 4(e) and (g), 14(2), 14(c), 18, 18(12), 23, 25

Cases cited (8)

  • Margaret Nyaruai Theuri v National Police Service Commission
    JR No. 1 of 2016
  • Stephen Kiptanui Arap Soi
    JR. No. 51 of 2016
  • Eusebius Laibuta v The National Police Service Commission
    Petition 79 of 2014
  • County Assembly of Kisumu and 182 others v Kisumu County Assembly Board and 6 Others
    [2015] eKLR
  • Anarita Karimi Njeru v the Republic
    (1976-1980) KLR 1272
  • Meme v Republic & Ano
    [2004] eKLR
  • Republic v National Police Service Commission Exparte James Ngumi Mutunga
    Misc. App No. 44 of 2016
  • Immanuel Masinde Okutoyi & Others v National Police Service Commission & Others
    [2014] eKLR
Jurisdiction invoked
Articles 47 and 50(1) of the Constitution; employment and labour relations jurisdiction of the ELRC

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Lawrence Mwaura Njoroge v National Police Service Commission [2019] KEELRC 2564 (KLR)", Case Analysis (2019). Petition 12 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2564/eng@2019-02-11

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