An Administration Police officer sacked seven years ago has urged Inspector General of Police Hillary Mutyambai to reinstate him.
Michael Keya Ngamiah, 35, was sacked on November 31, 2013 over claims he wrote to Governor Wycliffe Oparanya asking him to have some of his bosses transferred from Kakamega East sub-county, accusing them of being corrupt and having overstayed.
He was also accused of attacking his bosses through posts on a Facebook page. He allegedly posted derogatory statements against his bosses, who included area AP commander for Kakamega East.
However, on September 20 last year, Industrial Labour and Relations Court judge Mathews Nduma Nderi ordered that Ngamiah be reinstated to the National Police Service.
Justice Nderi termed unconstitutional the sacking of Ngamiah, who hails from Musanda in Mumias West sub-county.
“The petitioner’s dismissal from the service was unconstitutional, null and void. The respondents are directed to reinstate the petitioner to the National Police Service without loss of salary, benefits and status,” he ruled.
The judge also directed that all salary arrears and benefits from the date of his dismissal be paid in full with interest at court’s rate.
Yesterday, Ngamiah said trouble started in June 2013 when he was accused of writing to Mr Oparanya over 14 senior AP officers.
Ngamiah, then a police constable based at Evihiga AP post, said he did not write the purported letter and that no one listened to his side of the story.
After the claims, he said he was moved to Lugari, but his salary was stopped.
Upon inquiry, he was sacked in a letter dated April 1, 2014 and signed by one P Ndirima.
“You wrote anonymous letters to the governor informing him that 14 officers, including the sub-county commander, had overstayed in Kakamega East and were corrupt,” his sack letter said in part.
“It has been approved you be summarily dismissed from the Administration Police Service with effect from November 31, 2013. You lose all benefits you would have enjoyed had you left the service through the normal way.”
Ngamiah said he raised the issue with all the relevant departments but did not get help. This prompted him to seek legal redress.
Ngamiah, now a tout at Sabatia bus stage in Butere sub-county, has not been reinstated nine months after the court ruling.
“My wife has gone back to her parents since I am unable to take care of my family. She went with our two children. I feel ashamed that my in-laws are the ones feeding my family now. I am appealing to the General of Police to give me back my job,” he said.
Western deputy regional police commander Leonard Omollo said he was aware of the matter but added that the officer made a mistake by going to court before exhausting internal avenues.
“The National Police Service is the one that dismisses an officer after due diligence has been conducted. If it is true he committed the offences, it is wrong, but dismissing him was in bad faith. The officer misused his powers,” said Mr Omollo.
Omollo said he had no powers to help Ngamiah get his job back since the Administration Police and Kenya Police had not been fully merged. “You should speak to the regional AP commander,” he said.
Philemon Mboya Awino, the Western region AP boss, when contacted, said he was in a security meeting in Bungoma.
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