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ELRCDismissedNot stated in extract· [2020] KEELRC 952 (KLR)

Kennedy Omollo v Attorney General & 2 others [2020] KEELRC 952 (KLR)

Employment and Labour Relations Court
29 May 2020
BOByram Ongaya
1,869 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A former police officer lost his bid to overturn his dismissal because his guilty plea at disciplinary proceedings bound him, and using a service firearm for personal security broke the rules.

What this practically means

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Executive summary

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The claimant, a former Administration Police Constable, sued for declarations that his orderly room proceedings of 02.05.2012 and his subsequent dismissal from the Administration Police Service were unlawful, and sought reinstatement, payment of salary from dismissal to reinstatement with interest, and other reliefs. He claimed he was issued with a Ceska pistol and ammunition for personal security while travelling to his rural home to attend to his sick brother, was arrested in Nyatike following a report of an armed person, and was later dismissed without being subjected to orderly room proceedings, in breach of section 89(3)(4) of the National Police Service Act, Articles 47 and 50 of the Constitution and section 16 of the Force Standing Orders. The respondents maintained that he was charged at orderly room proceedings, pleaded guilty to two counts of unauthorised use of a firearm, and that his appeal was considered and disallowed. The court found the respondents' account credible, noting that the dismissal letter and the claimant's own appeal letter showed the proceedings took place and that he nowhere denied pleading guilty. The court found the claimant violated the Service Standing Orders by retaining a firearm assigned to another officer and using it for a private purpose while on leave. It held he was accorded due process and barred from retracting his guilty plea. The suit was dismissed with costs to the respondents.

Key legal issues

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01

Whether orderly room proceedings took place and whether dismissal was fair

Holding

The proceedings took place, the claimant pleaded guilty, and due process was accorded; the dismissal was justified

Reasoning

The court relied on the dismissal letter of 31.05.2012 referring to the 02.05.2012 proceedings, and the claimant's own appeal letter which by inference admitted the proceedings took place. The claimant nowhere denied pleading guilty. His allegation of unfairness under Articles 47 and 50 and section 16 of the Force Standing Orders was held unfounded.

p. 3
02

Whether the claimant's possession of the firearm was lawful

Holding

It was not - the firearm was assigned to another officer and used for a private purpose contrary to the Service Standing Orders

Reasoning

The claimant was on leave pass and ought to have returned the firearm to the armoury. The firearm was assigned to Ex-Inspector Wabwire who instructed Constable Osero to hand it to the claimant contrary to standing orders, and it was used for personal security while travelling to his village, which was not an official purpose.

p. 3

Legal principles established

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  • A party who pleads guilty at a disciplinary proceeding is barred from later retracting the plea
  • Police arms and ammunition may only be used in lawful execution of duty and not for private purposes

Court orders

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  1. 1.The claimant's suit is dismissed
  2. 2.Claimant to pay costs of the suit to the respondents
Jurisdiction invoked
Constitutional and statutory employment claims (Article 47 and 50 of the Constitution; National Police Service Act; Employment and Labour Relations Court jurisdiction)

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, "Kennedy Omollo v Attorney General & 2 others [2020] KEELRC 952 (KLR)", Case Analysis (2020). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/952/eng@2020-05-29

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