IG Boinnet risks jail term if found in contempt of court

The Inspector General of Police Joseph Boinett. He risks being sent to jail if the court finds them guilty of contempt of court. (PHOTO: COURTESY)

Nyeri, Kenya: The Inspector General of Police Joseph Boinett and his Deputy Joel Kitili have denied disobeying a court order.

The two high ranking police officers, who risk being sent to jail if the court finds them guilty of contempt of court, denied going against court order.

Through lawyer Francis Makori, the IG and his deputy want the court to dismiss the application of Henry Nyakoe Obuba, a disgruntled former officer who is asking the court to hold them in contempt for going against a decree by the Employment and Labour Relations court directing they re-employ and pay him an accrued salary of up to Sh10 million.

Makori said in a Nyeri court that his clients had not disobeyed the court order but had instead decided to go by the orders directing them to pay Nyakoe sh3 million.

On May 13, Justice Byram Ongaya granted the prayers of the ex-constable who sued his former bosses for unlawfully dismissing him of his duties on the basis of charges which he had been tried and acquitted of.

The court directed Boinett and Kitili to reemploy Nyakoe and pay him Sh3 million. Nyakoe also wanted to be awarded with sh7, 878,600, the accumulated salary from the day he was dismissed in 2004.

However, the Kenya Police is dissatisfied with the decree and have filed an application at the Court Of Appeal in Nyeri asking the court to stop the execution of the judgement requiring them to pay the former constable over Sh10 million and hire him back into the service.

While serving as a constable in Meru, Nyakoe had been arraigned before a court to answer for criminal charges of deserting the police force and later for manslaughter. He was later acquitted of both counts for lack of evidence.

Mr Boinett and Mr Kitili are arguing that the court's judgement puts discipline in the Police at jeopardy. They are worried that if allowed to stand, the judgement would set a bad precedent and bring uncertainty in the discipline of the force.

"It is of paramount public interest that high standards of integrity and discipline of police officers in the national police service is maintained.

"The National Police Service is a disciplined service where discipline is vital to delivery of its constitutional functions thus the judgement would prejudice the force," Makori submitted on their behalf.

Adding that implementation of the judgement would be manifestly oppressive.