Ondago v National Police Service Commission & 4 others; Chairperson Commission on Administrative Justice (Interested Party) (Petition E013 of 2024) [2025] KEELRC 1426 (KLR)
The bottom line
#A Kenyan court upheld a police officer's dismissal for abandoning a dangerous post but ordered the police commission to pay Kshs. 500,000 for ignoring his appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the dismissal violated constitutional rights
No - the orderly room proceedings accorded the Petitioner fair hearing rights and the charges were proved.
The Court reviewed the orderly room proceedings of 21st August 2013, noting the Petitioner was allowed to question the two Service witnesses and gave his own statement. The two charges - wilful disobedience of a lawful order to remain at Galmagala and leaving the post without permission - were proved by testimony. The Court found no evidence that intelligence of an imminent attack had been shared, and held the Petitioner's rights under Articles 25(c), 28, 41 and 50(1) were respected.
Whether the withdrawal from Galmagala was a 'tactical withdrawal'
No - it was a surrender of ground without combat or imminent enemy engagement, justifying dismissal.
The Court distinguished genuine tactical retreats - calculated manoeuvres in combat to preserve strength or gain advantage - from the Petitioner's departure, which occurred when no enemy was in sight and no intelligence of an imminent attack was proved. The Petitioner admitted his motive was self-preservation and disillusionment, not a military manoeuvre. Such conduct amounts to desertion, a serious offence in disciplined forces.
Whether the failure to determine the appeal infringed fair administrative action
Yes - the Petitioner is entitled to a declaration and compensation of Kshs. 500,000/-.
The Petitioner appealed after dismissal but received no communication. The Interested Party acknowledged this failure. Article 47(1) guarantees expeditious, efficient, lawful, reasonable and procedurally fair administrative action. The Court found the process lethargic and inefficient and awarded Kshs. 500,000/- as the only proved violation.
Legal principles established
#- Desertion of a duty station in a terrorist-prone zone is a serious offence compatible with dismissal of a disciplined officer
- Failure by an administrative body to determine an appeal infringes the right to fair administrative action under Article 47
Court orders
#- 1.A declaration that the refusal by the 1st Respondent to communicate, consider and/or make any findings with respect to the Petitioner's appeal is unlawful and unconstitutional
- 2.Award of Kshs. 500,000/- to the Petitioner plus costs in respect of the sum so awarded
- Jurisdiction invoked
- Articles 22, 23 and 165(3) of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ondago v National Police Service Commission & 4 others; Chairperson Commission on Administrative Justice (Interested Party) (Petition E013 of 2024) [2025] KEELRC 1426 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1426/eng@2025-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.