By Wilfred Ayaga
Nairobi, Kenya: Inspector General of Police David Kimaiyo has lost a case against two Recce unit officers who had sued him for wrongful dismissal from the force.
Justice Weldon Korir ordered that Nickson Shedrack Amitai and Cyrus Gakuo Ndungu resume their normal duties as members of the police crack unit.
The order came a year after the officers were convicted of disobeying lawful orders by failing to attend a compulsory police parade without reasonable cause.
The officers had been convicted of the charges, despite providing evidence that they were pursuing studies at Egerton University during the material period and could therefore not attend the parade.
The case was, however, opposed through an affidavit filed in court by the deputy commanding officer of the Recce Company, Josphat Kirimi who told the court the officers had been given an opportunity to defend themselves before they were sacked.
“They ought to have filed appeals instead of resorting to the court process,” a replying affidavit filed in court read.
In its ruling, the High Court upheld a contention by the officers’ lawyer, Gad Ouma, that the IG has no constitutional powers to sack junior police officers without reference to the National Police Service Commission.
“The dismissal of the officers could only take effect after approval and confirmation by the commission. There was unlawful exercise of power which must be firmly tamed,” the court ruled, ordering that the two be reinstated in the service.
