Robert Karani v Ethics and Anti-Corruption Commission (Petition 56 of 2015) (Employment and Labour) [2020] KEELRC 1025 (KLR)
The bottom line
#The Employment Court ruled that EACC's CEO could not lawfully sack a seconded police officer alone, awarding him Kshs 620,000 for the unfair termination.
What this practically means
#Executive summary
#Key legal issues
#Status of the Petitioner - employee or seconded officer
The Petitioner was at all material times on secondment to the Commission
The Commission produced the 2005 offer letter acknowledging his police service, letters to and from the Commissioner of Police and the Directorate of Personnel Management approving secondment, and section 18(2)(b) of the Ethics and Anti-Corruption Commission Act permits secondment of public officers. The Petitioner never suggested the secondment was unlawful.
Authority of the Secretary/Chief Executive Officer to terminate
The CEO acted outside his legal authority; termination was unilateral and arbitrary
Under Article 252 and section 18(2)(b) the mandate over staff, including seconded staff, is reposed in the Commission itself. Section 16(7) makes the Secretary responsible for carrying out decisions of the Commission, not making termination decisions. No evidence showed the two Commissioners met to deliberate on the termination.
Fair labour practice and due process for seconded officers
The Petitioner was entitled to due process under Article 236; its denial was an unfair labour practice
Though seconded, the Petitioner held a public office within the Commission; termination and redeployment amounted to removal from a distinct office. Article 236(b) prohibits dismissal or removal without due process. The Court avoided basing its decision on the Employment Act, which does not apply to police officers.
Discrimination claim
Not proved
The comparators cited by the Petitioner had resigned from the Kenya Police and were directly employed, not seconded, so there was no actionable basis for an Article 27(4) violation.
Freedom and security of person / psychological torture
Claim declined
The alleged harassment by a senior officer had already been litigated in a successful defamation suit, Nairobi High Court Civil Case No. 105 of 2011, and the Petitioner could not have a second bite at the same conduct in this Petition.
Legal principles established
#- The decision to terminate the contract of Commission staff, including seconded staff, is the responsibility of the Commission and not the Secretary/Chief Executive Officer acting unilaterally
- A seconded public officer serving in a distinct public office is entitled to due process before removal, and failure to accord due process is an unfair labour practice
Court orders
#- 1.A declaration that the Chief Executive Officer of the Respondent violated the law by unilaterally and arbitrarily terminating the Petitioner's contract of employment
- 2.Compensation of Kshs 620,000/- (equivalent to 5 months' gross salary)
- 3.Costs of the Petition awarded on a half-scale
- Jurisdiction invoked
- Constitutional petition alleging violations of Articles 27, 29, 41 and 47; Article 236 protection of public officers; Employment and Labour Relations Court jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Robert Karani v Ethics and Anti-Corruption Commission (Petition 56 of 2015) (Employment and Labour) [2020] KEELRC 1025 (KLR)", Case Analysis (2020). Petition No 56 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1025/eng@2020-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.