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ELRCStruck OutPetition dated 5/6/2024· [2025] KEELRC 702 (KLR)

Rono v National Police Service Commission & another (Petition E088 of 2024) [2025] KEELRC 702 (KLR)

Employment and Labour Relations Court
6 March 2025
MNMathews Nduma
821 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A police officer's challenge to his transfer to Narok failed because the petition did not precisely cite the constitutional rights it claimed were violated.

What this practically means

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Executive summary

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The Petitioner, a police officer, filed a petition dated 5 June 2024 against the Inspector General of Police and the Attorney General challenging his deployment vide letter dated 22 April 2024 from Traffic Nairobi Area to Narok (Narorumou) Police Station. He sought quashing of the deployment, an order compelling deployment within close proximity of Nairobi to care for his ailing mother, an order against deployment to stations posing health risks, and costs. The 1st Respondent filed grounds of opposition, contending that deployment is a statutory function under Section 10(1)(g) of the National Police Service Act and allied regulations and standing orders, and that the petition failed the Anarita Karimi Njeru precision threshold because it neither cited the constitutional provisions allegedly infringed nor set out the manner of infringement. The 2nd Respondent sought to be struck out, arguing no cause of action lay against the Attorney General in respect of an independent constitutional organ. The court agreed, striking out the 2nd Respondent. Applying Anarita Karimi Njeru as restated in Mumo Matemu v Trusted Society of Human Rights Alliance, the court found that the petition's particulars of violation did not expressly cite any constitutional provision and the reliefs sought no declaration of violation of any stated provision. The 1st Respondent's grounds of opposition were upheld and the petition struck out with no order as to costs. Judgment was delivered at Nairobi on 6 March 2025 by Mathews Nduma, Judge.

Key legal issues

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01

Pleading standard in constitutional petitions

Holding

The petition failed the Anarita Karimi Njeru threshold as restated in Mumo Matemu because it neither expressly cited constitutional provisions nor pleaded the manner of alleged infringement with precision

Reasoning

The court noted that Part D of the petition (paragraphs 23 to 28) set out particulars of violation without expressly citing any constitutional provision, and the reliefs sought did not ask for a finding that any expressly stated provision had been violated. Relying on the 1st Respondent's grounds of opposition and the Court of Appeal's restatement in Mumo Matemu, the court found the pleading deficient and upheld the grounds of opposition.

p. 2
02

Joinder of the Attorney General

Holding

No cause of action was disclosed against the Attorney General, who represents the Government but not independent constitutional organs such as the Inspector General of Police

Reasoning

The 2nd Respondent sought to be struck out on the basis that the 1st Respondent is an independent legal entity appearing through its own counsel, not through the Hon. Attorney General. The court observed that the Inspector General has always appeared through appointed counsel, found no cause of action against the Attorney General, and struck the 2nd Respondent out of the proceedings.

p. 2

Legal principles established

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  • A constitutional petition must enumerate the constitutional provisions allegedly infringed and set out the manner of infringement with reasonable precision

Court orders

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  1. 1.The 2nd Respondent is struck off the proceedings
  2. 2.The petition is struck out
  3. 3.No order as to costs

Authorities

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Legislation

  • National Police Service ActSection 10(1)(g)
  • National Police Service Commission (Transfers and Deployments) RegulationsRegulation 8(1)
  • National Police Service Standing OrdersChapter 71, 12(1)(2)

Cases cited (2)

  • Anarita Karimi Njeru versus The Republic
    (1976-1980) KLR 1272
  • Mumo Matemu v Trusted Society of Human Rights Alliance & 5 others
    [2013] eKLR
Jurisdiction invoked
Constitutional petition for enforcement of rights (Articles not expressly cited in the petition)

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, "Rono v National Police Service Commission & another (Petition E088 of 2024) [2025] KEELRC 702 (KLR)", Case Analysis (2025). Petition dated 5/6/2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/702/eng@2025-03-06

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