[2018] KEELRC 1016 (KLR)

[2018] KEELRC 1016 (KLR)

The court found that the petitioner was denied the right to be heard in the disciplinary proceedings that led to his dismissal from the National Police Service. The evidence showed that the petitioner was not given a fair opportunity to defend himself, as he was required to appear for a hearing at a time that had...

Source-derived case information.

Citation
[2018] KEELRC 1016 (KLR)
Parties
Applicant: Corporal Thomas Othoo; Respondent: National Police Service Commission; Respondent: Inspector General of Police; Respondent: Director Criminal Investigation; Respondent: Hon. Attorney General
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Petition 61 of 2015
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition allowed in part
Judges
DI Wasike
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Right to Be Heard, Exhaustion of Internal Remedies, Natural Justice, Public Service Employment
Source Language
en
Employment and Labour Administrative Law Unfair Dismissal Disciplinary Procedure Right to Be Heard Exhaustion of Internal Remedies Natural Justice Public Service Employment

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Summary, issues, holding and outcome

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Parties

Corporal Thomas Othoo

Applicant

National Police Service Commission

Respondent

Inspector General of Police

Respondent

Director Criminal Investigation

Respondent

Hon. Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the petitioner was denied the right to be heard in the disciplinary proceedings leading to his dismissal.
  2. 2 Whether the disciplinary proceedings and dismissal were conducted in accordance with the law and principles of natural justice.
  3. 3 Whether the exhaustion of internal remedies doctrine barred the court from intervening before the National Police Service Commission determined the appeal.

Ratio Decidendi

The court found that the petitioner was denied the right to be heard in the disciplinary proceedings that led to his dismissal from the National Police Service. The evidence showed that the petitioner was not given a fair opportunity to defend himself, as he was required to appear for a hearing at a time that had already passed and was not properly notified. The waiver notice was signed by an officer whose authority was disputed, and the disciplinary process was conducted in absentia without sufficient justification. The court held that the right to be heard is a fundamental principle of natural justice, protected by the Constitution and statutory law. The court also determined that the...

Court Disposition

petition allowed in part

Orders

  • The petitioner’s dismissal is overturned on the basis of flawed disciplinary proceedings.
  • A fresh disciplinary hearing is to be conducted in accordance with the Force Standing Orders.