Long-serving expert document examiner, Emmanuel Kenga outside Milimani law court’s on Thursday August 4,2016.
BY SAM ALFAN
A decision to sack three senior police officers has been overturned by the High Court.
Two of this will resume work but their colleague dismissal was upheld.
The officers were vetted on March 1 2014 and decision to send them home reached by the National Police Service Commission, NPSC.
Justice Nduma Nderi, Principal Judge Employment and Labour Relations Court, invalidated the decision to dismiss long-serving expert document examiner, Emmanuel Kenga and his Criminal Investigations Department (CID) counter-part, Peter Muinde, on flimsy grounds.
The Judge in his judgment said that the agency, under the chairmanship of Johnstone Kavuludi, violated the constitutional rights of the Kenga andMuinde, who held the rank of Assistant Commissioner of Police, by showing them the door without adhering to procedural fairness and fair hearing.
“It is the court’s finding that the vetting of Kenga and Muinde was unfair and offended the provisions of Article 47 (1) and 50 (1) of the Constitution,” he said.
Kenga will be deemed to have retired honourably and without blemish on his record after he quit the force on March 4, last year, upon attainment of the mandatory 60-years. He had been vetted on March 7, 2014 and was found unfit to serve on May 22, 2014 on grounds that he had exhibited professional negligence by submitting contradictory reports to the court in two criminal cases and could not account for his acquisition of property.
The Judge ordered NPSC to reinstate Muinde.
Judge Nderi said he was sacked on alleged conflict of interest arising from his directorship in a firm that owned and managed buses for hire.
There was no evidence that he was involved in traffic duties or that vehicles owned by the company were given preferential treatment based on his work-related position, he said.
However, the Judge upheld the removal of former General Service Unit (GSU) Assistant Commissioner, Stephen Kemei Kiptum, after he was found guilty of misappropriating Sh420,000 meant to caution a junior officer who had sustained injuries in the course of duty.
The judge agreed with NPSC that he was a dishonest cop.