Mwanza v National Police Service Commission & 3 others (Employment and Labour Relations Petition E065 of 2024) [2025] KEELRC 2468 (KLR)

The offence was committed on 4/1/21 and the petitioner faced a subordinate disciplinary committee on 5/1/21 with a decision made against him the same day. Although respondents claimed the hearing proceeded under the Service Standing Orders with notice waived, Regulation 11(6) required the presiding officer to record written reasons for the waiver, which was never done. No hearing proceedings were exhibited, only a signature list. Applying section 45(2) of the Employment Act, the dismissal was therefore unfair and unlawful.

Article 41 implies fair labour practices which presuppose a fair disciplinary hearing. A flawed disciplinary process is a breach of one's dignity under Article 28. Article 50(2)(k) guarantees adequate time and facilities to prepare a defence, and the hurriedly convened proceedings without adequate notice denied the petitioner that opportunity. The court accordingly returned a verdict that Articles 28, 41 and 50(2) were breached. It did not make findings on Articles 27 and 48.

Having found breaches of Articles 28, 41 and 50(2), the court declared those rights violated. However, acknowledging that the petitioner admitted committing the offence of discharging his firearm while under the influence of alcohol, the court did not quash the dismissal or order reinstatement. Instead it directed payment of all terminal dues from the date of removal to the date of judgment, together with costs of the petition.