Nehemiah Kipkorir Terer & 3 others v National Police Service Commission & 2 others [2021] KEELRC 53 (KLR)
The bottom line
#Kenya's Employment Court struck out graduate police constables' discrimination petition because they skipped the police service's internal appeal process before going to court.
What this practically means
#Executive summary
#Key legal issues
#Exhaustion of internal remedies
The Petitioners' failure to appeal under Regulation 21 of the Recruitment and Appointment Regulations 2015 and Regulation 14 of the Promotion Regulations 2015 rendered the Petition premature
The Court held that ripeness requires that necessary internal steps occur before judicial intervention. The Petitioners bypassed the complaints and appeal mechanisms under the Respondents' regulations, choosing instead to come to Court. The Court found this uncontroverted and concluded the claim was not ripe, the Petition premature and devoid of merit.
Material non-disclosure
The Petitioners concealed their participation in the impugned recruitment process
The Court found the Petitioners did not disclose that some of them had applied, been shortlisted or interviewed in the Cadet Inspector recruitment. This non-disclosure undermined their case and contributed to the striking out of the Petition.
Alleged discrimination
No discrimination established; the Respondents' actions did not breach Article 27
The Respondents demonstrated that the recruitment was open to both police officers and the public, that some Petitioners failed the mandatory age and grade requirements, and that the 2nd Petitioner was shortlisted and interviewed but unsuccessful. The Court found the Petitioners failed to demonstrate discrimination.
Legal principles established
#- A claimant must exhaust available internal dispute resolution mechanisms before approaching the Court; failure renders the claim unripe
- Claims founded on concealed material non-disclosure are disfavoured by the Court
Court orders
#- 1.The Petition is struck out with no order as to costs
- Jurisdiction invoked
- Constitution of Kenya 2010 - enforcement of Bill of Rights (Articles 10, 27, 28, 40, 41, 43, 47, 232, 244, 246)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nehemiah Kipkorir Terer & 3 others v National Police Service Commission & 2 others [2021] KEELRC 53 (KLR)", Case Analysis (2021). Petition dated 18th February 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/53/eng@2021-12-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.