A High Court judge has declared part of the National Police Service Act unconstitutional.
Justice Byram Ongaya of the Employment and Labour Relations Court in Nyeri ruled that section 88 (4) of the Act was against the Constitution and needed to be addressed.
The section empowers the National Police Service Commission (NPSC) to retry police officers in a disciplinary process, not withstanding the outcome of a judicial process.
The judge noted that allowing an officer acquitted or convicted by a court of law in criminal proceedings to be subjected to another disciplinary process was inconsistent with the Constitution.
"Section 88 (4) is inconsistent with article 50 (2) of the Constitution and the section is therefore unconstitutional, null and void," Ongaya ruled.
The ruling was occasioned by an attempt by the Inspector General and NPSC to sack a senior police officer who had been acquitted of bribery charges.
In his verdict, Ongaya directed the aggrieved officer, Deputy OCS Joshua Maingi, to serve the judgment within seven days to the Commission for Implementation of the Constitution, Attorney General and Kenya Law Reform Commission for appropriate action.
"The section is unconstitutional as it empowers the National Police Service Commission to retry police officers in a disciplinary process with respect to acts or omissions the officers may have been acquitted or convicted by the court in criminal proceedings," stated the judge.
separate letters
Maingi, the Deputy OCS at Nairutia Police Station in Kieni Constituency, went to court through Lawyer Wahome Gikonyo after Central Region Police Commander Larry Kieng wrote to the Deputy Inspector General on February 3, this year, recommending his removal from service even after his acquittal.
In two separate letters both dated March 18, 2015, the Deputy Inspector General lifted a previous interdiction on Maingi, and asked him to show cause why he should not be dismissed.
Maingi was charged in 2011 with seven counts under the Anti-Corruption and Economic Crimes Act but was acquitted.