By WILFRED AYAGA
KENYA: Two former members of the General Service Unit’s Recce Squad want to sue Inspector-General of Police David Kimaiyo for being dismissed from duty while pursuing studies.
The officers, Nickson Shedrack Amitai and Cyrus Gakuo Ndungu, were dismissed on grounds of absconding duty and failure to attend a police parade without reasonable cause.
The two officers, who are pursuing Criminology and Security Studies at Egerton University, want the High Court to order their immediate reinstatement.
Through their lawyer Gad Otieno, the officers Tuesday asked Justice George Odunga to grant them permission to commence proceedings against the police boss over what they claim was an unjust and unfair dismissal.
In his affidavit, Amitai says he has been pursuing his degree since 2011 when his superior granted him permission. He claims that he was, however, informed on July 1, 2013, that he had been deployed to Mandera, despite being on industrial attachment at the time.
“I promptly went to explain to my superior my predicament noting that I was still in school undertaking my industrial attachment at the University of Nairobi’s security department and only left with a few months. To my surprise, I found out that I had been booked in the OB that I had absconded duty,” he says.
The charges
The officer says he was later charged with a second count of failing to attend a parade and wilfully disobeying lawful command.
The second officer claims that he was employed in the police service in April 2006 and has served diligently without being charged with any offence until July 2 and 4 when he received his letter of dismissal.
He claims he was neither informed of the offence nor given a chance to defend himself.
The two officers argue that their dismissals were unprocedural and were not reviewed by the Police Service Commission.
Justice Odunga directed the petitioners to serve the interested parties.
