Mathenge & 4 others v Inspector General of Police & 3 others; Kenya Human Rights Commission (Interested Party) (Judicial Review Application 032 & 41 of 2021 (Consolidated)) [2022] KEELRC 4872 (KLR) (29 September 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 4872
- Citation
- [2022] KEELRC 4872 (KLR)
- Decided
- 29 September 2022
Summary at a glance
TypeJudicial Review ApplicationPostureAppeal from original trialCoramMN NDUMA
The demotion violated the officers' rights to fair administrative action and fair labour practices.
Facts
Graduate police constables were demoted from Job Group 'J' to Job Group 'F' without notice or hearing.
Issues
- Whether the demotion violated the officers' rights to fair administrative action and fair labour practices.
- Circumstances in which a law could be retrospectively applied.
- Whether a law could be retrospectively applied when it impaired obligations under contracts and violated fundamental rights and freedoms.
Reasoning
The reduction in salary and rank was not preceded by a notice and the officers were not given an opportunity to be heard.
Outcome
Judgment in favor of the applicants
Orders
- The decision to demote the officers was annulled.
- The practice of automatic salary upgrades based on degree certificates was discontinued.
Remedies
- Annulment of the demotion decision.
- Discontinuation of the practice of automatic salary upgrades based on degree certificates.
Authorities cited
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