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Senior police officer Shedrack Maithya asks High Court to order NPSC to vet him for a third time

By Kamau Muthoni | July 15th 2016

NAIROBI: A senior police officer who was sacked alongside 13 others after failing a re-vetting process by the National Police Service Commission (NPSC) has asked the court to quash the decision saying that he was erroneously kicked out of service.

Senior Superintendent Shedrack Maithya, who was Garissa County Commander in his case files before the High Court claimed that he was unfairly sacked.

The commission found that he had undervalued his house and had not adequately convinced them of where his source of wealth emanated from.

Moreover, the Kavuludi led commission found that Maithya was running a break down business, which was in conflict with his work as a police officer. But he now says that the Land Rover, which was used to run the business, belonged to his wife, who is also a police officer.

“There has never been a compliant of corruption and there was no complaint about the acquisition of the house before the respondent for it to make an inference that the petitioner's house was acquired through corrupt and fraudulent schemes," the court papers filed by lawyer George Kithi read in part.

They continued: "Implying that the petitioner, after long service and prudent investments, cannot own property in Nairobi other than through corruption assassinated the unimpeachable character of the petitioner and destroys his reputation.”

The senior police officer also stated that two officials only vetted him on March 21, last year but the final decision was made inclusive of four who were absent. On his review this year February 2, he says, his boss Joseph Boinett and his deputy Samuel Arachi were not present but they were allowed to nail his career's coffin.

“The participation of the commissioners Boinett and Arachi in deciding the review application for the petitioner when they did not attend the review is unfair," he lamented.

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The commission this year sacked 14 officers who are of the ranks of Senior Assistant Commissioner, Senior Superintendent and Superintendent. 23 others were reinstated after they convinced the commission that they were innocent.

According to the commission, the group was among 63 officers who failed in results that were released on October 9, 2015.

Out of the group, 62 appealed and applied for a review of the decision by the Commission to remove them from Service. "The Commission admitted 36 requests for review and rejected 26 in accordance with Vetting Regulation 33(2) which provides the criteria for granting a request for review. Out of the 36 reviews granted, the Commission overturned its decision with regard to 23 officers but upheld the decision to remove 13 officers from the Service," the commission said.

In addition to the 36 review cases, the Commission also vetted for the first time an officer of the former rank of Senior Assistant Commissioner of Police (SACP) who was reinstated by the Court after being dismissed from Service.

Those who were found unsuitable in the service include Gilbert Sumukwo, John Ndung'u Ikonya, Shedrack Maithya, Michael Muchiri Nyaga, George Kingi Bamba, Kennedy Momanyi, Onesmus Kipkorir Towett, Augustus Maundu Mutia, Evans Getembe, Regina Mutindi Mbithi, Joe Lekuta, Adan Abdullahi Alio, Bernard Bariu Kobia and James Mwaniki Thathi who had obtained a court order to be vetted.

Maithya said that he had no control over his wife and thus she would bear her own burden when time comes for her vetting. He now wants the Court to quash the decision by the vetting team and have him vetted afresh.

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