Court orders reinstatement of senior police officer
By Julius Chepkwony
| October 14th 2021
The Employment and Labour Relations Court in Nairobi has ordered the reinstatement of a senior police officer dismissed five years ago.
Last week, Justice Maureen Onyango ruled Regina Mutindi's rights were violated following her dismissal in October 2015.
The court directed the National Police Service (NPS) to reinstate her to her post as a Superintendent of the Kenya Police Service.
“An order is hereby issued directing the immediate reinstatement of the petitioner (Mutindi) to her post with effect from May 5, 2016, with all privileges and salary attached to her office,” read the judgment in part.
The court quashed the decision by NPS to dismiss Mutindi.
On October 9, 2015, the National Police Service, in a decision signed by all the commissioners, found that Mutindi had failed the vetting and went on to remove her from the police service.
NPS alleged that she was found guilty of professional misconduct over an accident that involved her husband and a minor known as FMM.
NPS said Mutindi failed to report an accident, failed to ensure that the minor was compensated for the injuries suffered, abandoned the minor in a hospital and did not inform the girl’s next of kin.
The police service noted that the officer tried to cover up the accident and further ensured only her husband received medical assistance while failing to take responsibility for the girl.
Mutindi filed a suit against NPS in May 2016.
Before her dismissal, she was an officer in charge of the Highway Patrol Unit based at Traffic Headquarters Nairobi.
Mutindi's husband was involved in a motor vehicle accident while in the company of a minor at Salama area along Mombasa- Nairobi Highway.
Mutindi claimed she was condemned for the alleged sins of her husband, adding that before and during the vetting process, the National Police service did not inform her of any complaint concerning her conduct.
She added that the entire vetting process was marred with illegality and bias.
The National Police Service, in reply to the petition, opposed the suit.
The court ruled that Mutindi is entitled to the relief she sought.
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