Republic v National Police Service Commission Exparte Daniel Chacha Chacha [2016] KEHC 7755 (KLR)
- Court
- High Court of Kenya
- Case number
- 7755
- Citation
- [2016] KEHC 7755 (KLR)
The court cannot determine the findings made by the vetting panel as they are not properly before the court. The applicant was not afforded a hearing before the review panel dismissed his application.
Facts
The applicant, Daniel Chacha Chacha, was informed of the National Police Service Commission's decision to remove or dismiss him from the National Police Service on 9th October, 2015. He sought a review of this decision.
Issues
- The applicant's right to procedural fairness in the vetting process
- The validity of the National Police Service Commission's decision to summarily dismiss the applicant's review application without a hearing
Reasoning
The court emphasizes that procedural fairness is a constitutional right under Article 47 of the Constitution of Kenya, requiring that the applicant be given written reasons for the decision and afforded a hearing. The court finds that the applicant was not provided with these rights.
Outcome
The court dismisses the application for orders of certiorari, prohibition, and mandamus.
Authorities cited
Legislation (3)
- Constitution of Kenya 2010
- National Police Service Act
- National Police Service Commission Act 2011
Cases cited (3)
- Judicial Service Commission vs. Mbalu Mutava & Another
- President of the Republic of South Africa and Others vs. South African Rugby Football Union and Others
- Baker v. Canada (Minister of Citizenship & Immigration)
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