A police officer who was interdicted for demanding "forgiveness fees" from a motorist who flaunted traffic rules has failed to convince the court to stop his interdiction.
Dennis Maronga Monyenye, who is attached to the Kakamega Central Police Traffic Department, approached the court seeking to stay the decision, which he said was arrived at prematurely and therefore unconstitutional.
The Labour and Industrial Relations Court in Bungoma nonetheless allowed him to file a constitutional review pertaining his disciplinary process.
Justice Jemimah Keli ruled the interdiction should stay as his salary, which he complained had been cut by half, could be reinstated should he be found innocent of the charge of bribery leveled against him.
"The court is not convinced that there was an issue of irreparable harm as Monyenye was still on salary as per payslip annexed as DM3 even if it was half as alleged, he can still recover the full salary in the event the interdiction is set aside," she said.
Munyonye sued the National Police Service Commission (NPSC), the Inspector General of Police, the Attorney General and the Kakamega Central Sub-County Police Commander on November 27 seeking to be reinstated to his regular duties, ten days after receiving the interdiction letter.
Sub-County Commander Valerian Obore, on November 17, wrote him the letter on the basis that he had been arrested by the Ethics and Anti-Corruption Commission (EACC) officers on allegations of receiving a bribe of Sh2,000.
Munyonye, however, argues that no charges had been preferred against him and that the the NPSC (Discipline) Regulations, 2015, were not complied with before the interdiction.
"My attempt to appeal was rejected on the basis of being late yet the interdiction letter stated I was to appeal within seven days of its receipt," he argues.
The officer says he was directed to vacate the police quarters and asked to report twice a week yet he stays at home, 100km away.
EACC officers arrested the traffic police rider on October 28 after he impounded and detained a matatu. The commission claims he asked the complainant to give a bribe for the vehicle to be released.
"The suspect, famously known as "Denno" within the matatu industry in Kakamega, has allegedly developed a specialisation in arbitrarily impounding and detaining public service vehicles, without cause, and thereafter demanding money from the victims, as a condition for releasing the detained and unbooked vehicles," reads the EACC complaint.
The case will be mentioned on January 24.
