High Court overturns AP Senior Staff College Commandant Eusebia Laibuta sacking

The High Court has quashed a decision by the National Police Service Commission (NPSC) to sack Administration Police Senior Staff College Commandant Eusebia Laibuta.

Justice George Odunga ruled that the participation of Inspector General David Kimaiyo, and his two deputies Samuel Arachi (Administration Police) and Grace Kaindi (National Police) in delivering the verdict against Mr Laibuta when they did not take part in his initial vetting interview was unlawful, unfair and unprocedural.

The judge also held that failure by the vetting panel to supply the petitioner with complaints prior to the vetting was unfair and against the rules of natural justice.

“I therefore quashed the decision of the National Police Service Commission to remove the petitioner from the Administration Police Service. I also directed the vetting of the petitioner to be conducted de novo (afresh) if the commission feels there were strong grounds to warrant a vetting,” said the judge.

STIFF COMPETITION

In his submissions through lawyer Guandaru Thuita, Laibuta had argued that stiff competition for senior positions and favouritism in the NPSC had been attributed to the double standards employed in the vetting.

The High Court heard that the NPSC vetting panel recalled some officers whom they wished to retain in their respective positions and gave them an opportunity to clarify contentious issues then cleared them of any impropriety.

“Some of the officers who were retained in the service were given a second chance to clarify and give additional information to the vetting panel. This was not accorded to some of the officers sacked. This is a clear case of double standards and discrimination,” submitted Thuita.

However, the NPSC argued that the officer had been given an opportunity to appear before the board and have the decision reviewed but he declined.