Police officer fired after gun went off while drunk to get five-year salary

A police officer who was fired after his gun went off while drunk will now get a five-year salary.

This is after the High Court in Nairobi ordered the National Police Service (NPS) to pay the said officer his full salary dues since his termination in 2021.

Andrew Mwanza, former police constable was allegedly fired by his employer after his gun accidentally discharged six rounds at Huruma Shopping Centre while drunk in 2021.

But Justice Hellen Wasilwa said the police service infringed his rights by failing to give him adequate time to defend himself before the disciplinary committee.

"Accordingly the rights of petitioner (Mwanza) under articles 28, 41 and 50 of the Constitution were breached. In view of the offence, the petitioner was subjected to and in which he admitted committing under the influence of alcohol, I direct that he be paid all his terminal dues from the date of removal from employment to the date of this judgment," said Justice Wasilwa.

The judge noted that the proceedings Mwanza was subjected to were were hurriedly convened and he was not given adequate notice to prepare for his defence.

Justice Wasilwa further said indeed, being subjected to a flawed disciplinary process is a breach on one’s dignity and termed the proceedings unprocedural.

"The offence is said to have been committed on January 4 2021. On January 5, he was subjected to disciplinary proceedings and a decision made against him without any notice and no written statement given by the presiding officer as to why he was being subject to a hurriedly convened process," said Justice Wasilwa.

NPS in its ruling said the embattled officer was found guilty of discharging his riffle while intoxicated and later confessed his intentions to kill his then girlfriend.

Mwanza was employed as a police officer under NPS on April 26, 2015.

The former officer sued the National Police Service Commission, Inspector General of Police IG, Directorate of Criminal Investigations (DCI) and Attorney General (AG) and sought to be reinstated or alternatively be paid all his dues from July 19, 2021 when he was dismissed.

NPS submitted that on January 4, 2021, Mwanza while under the influence of alcohol had his G3 riffle discharge at Huruma Shopping Centre where six rounds were fired out of his riffle.

NPS further said that Mwanza confessed to his platoon commander who had summoned him that he wanted to kill his then girlfriend Stella Kiboi who he later married.

NPS said that considering the severity of the offences, Mwanza was disarmed and booked.

He was then served with a show cause letter dated January 5, 2021 which required a response to the Subordinate Disciplinary Committee.

In his response, Mwanza affirmed that indeed the charges were true and the only reason he proffered to the Committee was that the cause of his actions was as a result of intoxication.

The document signed on January 5, 2021 shows that Mwanza admitted to discharging bullets from his G3 riffle without reasonable cause due to the influence of alcohol he had consumed.

He was dismissed from service for being drunk and discharging a rifle with intention of shooting his then girlfriend.

NPS said that Mwanza was subjected to a subordinate disciplinary committee presided by five officers.

The proceedings of the said committee were not produced but were signed by all parties with Mwanza allegedly admitting to the offence.

NPS said that the hearing was conducted under force standing orders and hearing notice waved.

NPS said that the notice for hearing should be at least 24 hours under section 17(4) of NPS regulations and that although Mwanza was never given any notice the committee officers signed a waiver of the notice.

NPS said that they followed the process and that Mwanza also signed and admitted to the offence of discharging six rounds of ammunition without reasonable cause.

NPS said that the Subordinate Disciplinary Committee sat on January 8, 2021, where the charges were read to Mwanza and he admitted to them and a plea of guilty was entered; and the Committee found him guilty.

However, Mwanza said that he was never issued with any notice to show cause.

Mwanza said that Sub section (3) of NPS states that in all disciplinary proceedings the accused officer shall be notified of the offence he is charged off and be given at least three calendar days within which to show cause why disciplinary action should not be taken against him.