The Labour Court has ordered the reinstatement of an Administration Police officer sacked for failing to report to duty.
Calling the procedure "a travesty", justice Maureen Onyango said Maxwell Ondus was unlawfully fired without due investigation and without a chance to defend himself.
She directed he be reinstated to his position without undue delay.
Her judgment was issued on July 27 against the National Police Service and Police IG Hillary Mutyambai.
The judge found the suspension and dismissal of Onduso arose from recklessness. She said there was no proper investigation that could have absolved Onduso of wrongdoing.
She said called the sacking a "travesty" of Onduso’s right to due process and the violation of police disciplinary procedure.
“It was not only unconstitutional but also in contravention of the statutory process provided for in the relevant Act and Regulations," the judge ruled.
Ondusu moved to court seeking a declaration his employer violated Section 4 of the Fair Administration Act by suspending and dismissing him.
He sought an order to quash the suspension decision entered on November 1, 2017.
Lawyer Steve Mogaka said Onduso was not given a chance to defend himself against allegations made against him
Onduso said on January 6, 2016, he was offered employment by the NPS as a constable in the AP in Nambale, Busia, for 15 months.
On March 20, 2017, he received a Redeployment of In-Service Administrative Police Personnel letter, deploying him from Nambale to RBPU-SG, the Rural Border Patrol Unit.
He received a letter dated May 4, 2017, from Nambale subcounty commander revoking that deployment. Instead he was deployed to Lamu West. The letter bore the stamps of the Nambale releasing officer and Lamu West receiving officer.
When his salary was unexpectedly withheld in October 2017, the acting county AP commander wrote on December 20, requesting the deputy IG to reinstate the salary.
The Lamu West AP commander issued a letter approving his paid annual leave between February 7, 2018, and March 27, 2018.
Onduso was issued a suspension letter dated March 26, 2018, from the IG. It was alleged he was absent for 64 days without official leave.
It said he failed to attend team-p parades, refused to resume duty and thus was negligent. He was accused of breaking out of the RBPU Camp-Kanyonyo.
NPS responded that Onduso's petition was baseless.
It said Onduso was enlisted in the AP on February 12, 2016, and attended training college before he started work.
NPS said upon redeployment to the RBPU-SG in Kanyonyoo, Kitui county, he failed to report.
On September 19, 2017, AP's Rural Border Police Unit released a trace signal. Onduso was traced and ordered to report to RBPU-SG immediately, or face stern administrative action.
On November 1, 2017, at RBPU Headquarters Kanyonyo, Onduso was charged in orderly room proceedings in absentia, pursuant to Section 88(2) as read with Eight Schedule of the National Police Service Act 2011.
(Edited by V. Graham)
