SACKING OF AP COMMANDANT ILLEGAL RULES COURT.

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AP

Deputy Commandant of Administration police Mr Eusebius Laibuta is vetted at the Skypark building on Saturday, January 11.

BY SAM ALFAN.
High court has quashed the decision of National Police Service Commission to sack former deputy commandant of the administration of police Mr Eusebius Karuti Laibuta
Justice George Odunga found that the decision of the vetting panel was wrongly arrived and was not conducted in accordance with Article 47 of the constitution which requires fair administrative action.
The judge said that Inspector General of police David Kimaiyo and other two commissioners Grace Kaindi and Samwel Arachi purported the sign the decision in which they never interviewed the petitioner.
The action by the three commissioner amounted into abuse of power and same is rejected, the judge said.
The court further found and held that its only four commissioners who interviewed the applicant, but seven commissioners sat and wrote the undated decision which sent commandant home.
Justice Odunga questioned the three commissions for having acted unlawfully; saying they never heard the petitioner so as to render their judgment.
“They never heard the questions that were put forth by other panelist nor did they examine his demeanor and not privy to the proceedings that took place before the four commissioners.
The judge said that only the commissioners who took part in the interview were a better position to deliver the ruling on the fate of the petitioner.
The participation of the three commissioners in writing the decision was highly irregular it compromised the entire process and amounted to judging petitioner without having heard from him.

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