NAIROBI: On May 13, 2016, the Labour Court ordered Police Constable Henry Obuba reinstated or be paid Sh3 million after his employer kept his appeal pending for 11 years.
The officer had been charged with manslaughter before a magistrate's court in 2000 but was acquitted on account that there was no link between him and the person who was killed.
Mr Obuba was also faced with a second case of desertion from the force but was let off for lack of evidence.
"Judgement is hereby entered for the petitioner against the respondent for the declaration that the petitioner is entitled to reinstatement in the service of the Kenya Police Service with effect from August 31, 2000, with orders that the period between August 31, 2000, and the date the petitioner reports to the 3rd respondent to resume work being not more than 10 days from the date of this judgement be treated as leave without pay so that there is no break in the petitioner's service.
"In alternative to the above, the respondents to pay the petitioner a sum of Sh3,000,000 being compensation under Article 23(3)(e) of the Constitution for violation of the petitioner's constitutional rights and protections per order above; and to pay by October 1, 2016. Interest at court rates to be payable thereon from the date of this judgment till full payment," ruled Justice Byrum Ongaya.
At the time of the two cases, Obuba had been interdicted and was on half salary but on being let off by the lower court, he informed his boss that he would go back to work from July 24, 2002. He got a rather disappointing response, two years later.
On March 1, 2004, he was asked to show cause why he should not be sacked by the then Provincial Police Commissioner in Eastern Province over the two issues.
The officer replied to the letter on March 18, 2004, indicating that he had been acquitted. But his bosses told him he had not given proper reasons to show that he ought not to be sacked. This was communicated in a dismissal letter two months after his reply (in May).
The officer applied for an appeal before Commissioner of Police (now Inspector General) Joseph Boinnet in July of the same year, but he has never received a reply to date despite several reminders.
Justice Ongaya ruled that it was unreasonable to retry Obuba on matters he had been cleared of.
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