Benard Mbaru Mburu v National Police Service Commission [2017] KEELRC 708 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 708
- Citation
- [2017] KEELRC 708 (KLR)
- Decided
- 8 September 2017
The court found that the procedure followed by the respondent in vetting and removing the petitioner violated the rules of natural justice.
Facts
The petitioner, Benard Mbaru Mburu, was removed from his position as a Superintendent of the Administration Police Service by the National Police Service Commission (NPC). Four complaints were made against him, alleging tribal favoritism and allowing Kikuyu constables to own businesses in Eldoret town.
Issues
- Whether the procedure followed by the respondent in vetting and removing the petitioner violated the rules of natural justice.
- Whether the finding by the review panel is supported by evidence presented before the review panel.
- What remedies are available to the petitioner.
Reasoning
The court held that the petitioner was not given adequate notice of the complaints against him and that no direct evidence was presented to substantiate the allegations.
Outcome
The court ordered the reinstatement of the petitioner to his post as a Superintendent of the Administration Police Service and ordered the respondent to pay compensation to the petitioner.
Orders
- Reinstatement of the petitioner to his post as a Superintendent of the Administration Police Service
- Compensation to the petitioner for the violation of his fundamental rights and freedoms
Authorities cited
Legislation (2)
- National Police Service (Vetting) Regulations, 2013
- Fair Administrative Action Act, 2015
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