Dennis Kipkirui Maritim v Principal Secretary State Department for Correction Services & 4 others [2021] KEELRC 663 (KLR)
The bottom line
#A Kenyan court reinstated a prisons recruit dismissed without notice, a hearing, or written reasons, ruling that public institutions must follow fair procedures before sacking anyone.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant's dismissal from the Kenya Prisons Training College without prior notice, written reasons or a hearing violated due process
Yes - the dismissal was not in accordance with due process of law under Article 236, Article 47 of the Constitution, the Fair Administrative Actions Act and section 45(2) of the Employment Act
The court found the applicant was dismissed without being told the reason, without written reasons, without evidence supporting the alleged criminal record, and without an opportunity to defend himself. Had he been heard, he would have produced his Police Clearance Certificate showing no criminal record. The procedure followed fell short of the elaborate constitutional and statutory scheme governing fair administrative action.
Whether damages were available in judicial review proceedings under Order 53
No - damages are not appropriate relief under Order 53 and were not pleaded; the cited petition-based awards were distinguishable
The applicant sought damages in submissions, relying on petition cases where courts awarded constitutional compensation. The court distinguished those precedents because they were petitions under the Constitution, whereas this matter was a judicial review motion under Order 53 Rules 1 & 2 of the Civil Procedure Rules. Damages were also not sought in the pleadings filed.
Legal principles established
#- A public officer shall not be dismissed or subjected to disciplinary action without due process of law (Article 236)
- Where administrative action adversely affects rights, the affected person is entitled to prior notice, an opportunity to be heard and written reasons (Article 47 and sections 4(1)-(3) of the Fair Administrative Actions Act)
Court orders
#- 1.Order of certiorari quashing the decision by the 1st, 3rd and 4th Respondents dismissing the applicant from training at the Kenya Prisons Training College, Ruiru
- 2.Direction that the applicant shall report back to the Kenya Prisons Training College together with the next recruits, subject to production of a Police Clearance Certificate (Certificate of Good Conduct)
- 3.Costs of the suit awarded to the applicant, assessed at Kshs. 150,000
- Jurisdiction invoked
- Orders of certiorari, prohibition and mandamus under Order 53 Rules 1 & 2 of the Civil Procedure Rules (leave granted by the Court on 20.2.2020)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dennis Kipkirui Maritim v Principal Secretary State Department for Correction Services & 4 others [2021] KEELRC 663 (KLR)", Case Analysis (2021). Judicial Review Motion dated 4.3.2020 (leave granted 20.2.2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/663/eng@2021-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.