National Police Service Commission and Inspector General of Police Joseph Boinnet have been ordered to reinstate an Administration Police suspended two years ago.
Employment and Labour relations also lifted suspension against corporal Lawrence Njue Maina who was suspended for allegedly failing to report to duty.
“The court further lifts the suspension and order Respondents (NPSC and IG) to reinstate the petitioner to duty forthwith,” ruled Judge Stephen Radido.
Justice Radio ruled that the Commission and IG’s office are established institutions and cannot take two years to conclude a disciplinary case. The Judge said it was even worse considering that corporal Maina was not getting allowances to enable him house himself and provide for his necessities.
The court noted with regret and indicted the conduct of Inspector General for failing or declining to participate in the proceedings despite being served with the court papers.
The Judge said the conduct was unacceptable in this era of transparency, accountability and national values.
“The delay run contrary to the constitutional requirement of proportionality and expeditious and efficient disposal of the disciplinary case against the petitioner. The delay amounted to unfair labour practices as well,” said the judge.
He said the service standing orders have comprehensively provided for discipline of police officers and even set timelines for conclusion of such processes and made disciplinary act subject to article 47 of the constitution.
Corporal Njue received a letter on April 26, 2016 from the commandant security government building unit informing him he has been redeployed to North Horr Sub-County in Marsabit with immediate effect.
He did not report to the new station and on August 2, 2016 he was charged in his absence at North Horr sub-county headquarters.
Following ordinary room proceedings, he was convicted and suspended.
He was informed on December 30 ,2016 by Deputy Inspector General Administration police service that it has been decided to suspend him pendinvmg final determination of his case.
The suspension letter informed him that during the suspension he would not be entitled to house and medical allowance nor salary.
The court noted that Njue was not in good working relationship with his seniors since most of his letters were not responded to until until the commandant security government building unit wrote to him on November 9, 2016 informing him the redeployment was valid as it was from the relevant office.
“It appears that the petitioner (Njue) had a frosty relationship with his seniors prior to the redeployment,” observed the court.
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