[2023] KEELRC 1552 (KLR)
The court found that there was a prima facie case that the promotions of 514 police officers may have been effected unilaterally by the 1st Respondent, potentially in contravention of the National Police Service Commission's constitutional mandate under Article 246(3). The memo issued by the 1st Respondent...
Source-derived case information.
- Citation
- [2023] KEELRC 1552 (KLR)
- Parties
- Applicant: Okiya Omtatah Okoiti; Applicant: Michael Kojo Otieno; Respondent: Japhet Nchebere Koome (Inspector General National Police Service); Respondent: The Hon. Attorney General; Interested Party: The National Police Service Commission; Interested Party: The National Police Service; Interested Party: The Independent Policing Oversight Authority
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E101 of 2023
- Procedural Posture
- Constitutional Petition / Ruling on Interim Relief and Directions
- Outcome
- Interim orders granted; matter set for inter partes hearing.
- Judges
- B Ongaya
- Legal Topics
- Public Service Promotions, Police Service Commission Powers, Administrative Fairness, Interim Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okiya Omtatah Okoiti
Applicant
Michael Kojo Otieno
Applicant
Japhet Nchebere Koome (Inspector General National Police Service)
Respondent
The Hon. Attorney General
Respondent
The National Police Service Commission
Interested Party
The National Police Service
Interested Party
The Independent Policing Oversight Authority
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Interim Relief and Directions
Legal Issues
- 1 Whether the promotions of 514 police officers were unilaterally effected in violation of constitutional and statutory procedures.
- 2 Whether the memo prohibiting police officers from applying for advertised vacancies was lawful.
- 3 Whether interim orders should be granted to stay the implementation of the promotions and the impugned memo pending hearing.
Ratio Decidendi
The court found that there was a prima facie case that the promotions of 514 police officers may have been effected unilaterally by the 1st Respondent, potentially in contravention of the National Police Service Commission's constitutional mandate under Article 246(3). The memo issued by the 1st Respondent prohibiting applications for the advertised vacancies also raised questions as to its lawfulness and its impact on the Commission's authority. In the public interest and to uphold the values and principles of governance, the court granted interim orders staying the implementation of both the promotions and the memo pending inter partes hearing. The court further directed the National...
Court Disposition
Interim orders granted; matter set for inter partes hearing.
Orders
- Respondents and Interested Parties to file and serve answers to the petition and replying affidavits by June 27, 2023.
- Ad interim orders staying the implementation of promotions affecting 514 police officers and the memo prohibiting applications for the vacancies, pending inter partes hearing or further court orders.
Full Case Text
Judgment text and source record
27 paragraphs
Okoiti & another v Koome (Inspector General National Police Service) & another; National Police Service Commission & 2 others (Interested Parties) (Constitutional Petition E101 of 2023) [2023] KEELRC 1552 (KLR) (22 June 2023) (Ruling)
Neutral citation: [2023] KEELRC 1552 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Constitutional Petition E101 of 2023
B Ongaya, J
June 22, 2023
Between
Okiya Omtatah Okoiti
1st Petitioner
Michael Kojo Otieno
2nd Petitioner
and
Japhet Nchebere Koome (Inspector General National Police Service)
1st Respondent
The Hon. Attorney General
2nd Respondent
and
The National Police Service Commission
Interested Party
The National Police Service
Interested Party
The Independent Policing Oversight Authority
Interested Party
Ruling
1. I have considered the submissions made and the material on record, considered the functions of the National Police Service Commission under article 246(3), considered the 1st Respondent is a member of the Commission per Article 246(3)(b), considered the objects, independence and authority of the Commission under Article 249 of theConstitution and considered the public interest for upholding national values and principles of governance in Article 10 as well as the values and principles of public service in Article 232 and order:1. The matter having been certified urgent, the Respondents and the Interested Parties to file and serve answer to petition and replying affidavits to the application by close of June 27, 2023. 2.Pending the inter partes hearing of the application or further orders by the Court, ad interim orders are hereby given staying the implementation of promotions affecting 514 police officers said to have been unilaterally effected on June 5, 2023 in the National Police Service, and, further staying the implementation of the memo by the 1st Respondent said to have issued on June 9, 2023 said to be prohibiting police officers from applying to fill the 514 vacancies in the National Police Service as already advertised in the press by the National Police Service Commission.3. Pending the inter partes hearing or further orders of the Court, the National Police Service Commission to forthwith convene a meeting of all the parties herein with a view of amicably considering to resolve the dispute herein within its investigative, conciliation, mediation and negotiation functions and powers envisaged in Article 252(1)(a) and (b) of theConstitution and a compromise may be recorded in Court at next date for inter partes hearing as may be just.4. Inter partes hearing of the application or further orders and directions on June 29, 2023 at 9:30 am or soon thereafter as will be called out per video link and the day’s cause list.
SIGNED, DATED AND DELIVERED BY VIDEO-LINK AND IN COURT AT NAIROBI THIS THURSDAY 22ND JUNE, 2023. BYRAM ONGAYA, PRINCIPAL JUDGE