Court orders National Police Service Commission to refund deducted salary to ex-officer

A former police officer, Jackson Magambo, will be repaid nearly Sh3 million after the National Police Service Commission (NPSC) unlawfully deducted his salary during delayed vetting.

Magambo’s case dates back to 2015 when he underwent vetting by the NPSC.

By early 2016, the initial verdict indicated he had failed the vetting due to unexplained income and undisclosed business dealings.

Believing he had grounds for review, he applied for reassessment, which was scheduled for July 27, 2016.

While awaiting the outcome, Magambo continued serving as a police officer and received his full salary.

However, on December 19, 2018, the Directorate of Criminal Investigations informed him that his review had been dismissed, with his removal from service backdated to January 14, 2016.

Following that decision, Sh2,992,254 — representing salary earned during the period — was deducted from his pension gratuity.

Magambo challenged the deduction in court.

On March 11, the Employment and Labour Relations Court in Nairobi delivered a judgment in his favour.

Justices Mathews Nduma Nderi and Jemimah Keli found that the commission had violated his constitutional rights by failing to communicate the review decision for more than two years before retroactively deducting the wages.

“The decision of the third respondent to deduct the petitioner’s salary for the period between January 14, 2016, and December 19, 2018, was in furtherance of the aforesaid constitutional rights violations and was therefore illegal and void ab initio,” the judges ruled.

The court said fair administrative action must be expeditious, efficient and procedurally fair, and that when rights are adversely affected, written reasons must be communicated.

It found these principles were not followed in Magambo’s case.

In addition to restoring the deducted salary, the court awarded Sh2 million in vindicatory damages.

Magambo welcomed the ruling:

“I served diligently while waiting for a decision, yet my rights were ignored and my earnings taken. This judgment restores not only what is legally mine but also my dignity,” he said.