A police officer dismissed for firing a rifle while intoxicated has avoided permanent career damage after the High Court ruled that his dismissal was procedurally flawed and violated his constitutional rights.
According to a judgment delivered on September 22, 2025, the court found that Andrew Kyalo Mwanza, who had admitted to discharging a G3 rifle while drunk and allegedly threatening to kill his girlfriend, was not accorded a fair disciplinary process by the National Police Service Commission (NPSC).
Mwanza was dismissed from the service on July 19, 2021, following the incident, which occurred on January 4, 2021.
The Commission cited public safety concerns and the potential for serious harm due to his reckless use of a firearm under the influence of alcohol.
“The petitioner could have caused grave and irreparable harm to innocent bystanders and/or his colleagues by discharging a firearm while under the influence,” the court heard.
However, a key allegation that Mwanza had directly threatened his girlfriend was contradicted by an affidavit filed by his wife, Stella Chepkwemoi.
In her statement, she clarified that she was not present during the incident and that there had been no misunderstanding between her and Mwanza at the time.
“She has since sworn an affidavit stating that she was neither near the petitioner nor did they have any kind of misunderstanding prior to the 4th January 2021 incident,” the court noted.
This contradiction weakened the NPSC’s justification for immediate dismissal based on personal threats, though the court acknowledged the seriousness of Mwanza’s admitted misconduct.
The High Court further ruled that Mwanza’s disciplinary proceedings were improperly handled. The judge noted that he was summoned for a hearing less than 24 hours after the incident, without adequate time to prepare his defense, in violation of his rights under the Constitution.
“The proceedings the petitioner was subjected to were hurriedly convened, and he was not given any adequate notice to prepare for his defence,” the judgment stated.
Additionally, the Subordinate Disciplinary Committee failed to comply with legal requirements. Specifically, it did not provide a written explanation justifying the waiver of the mandatory notice period a procedural step required by law.
“Subsection (6) indicates that where the notice is waived, the presiding officer shall be required to make a written statement stating the reasons for the waiver,” the court observed.
The judge concluded that Mwanza’s rights under Articles 28 (human dignity), 41 (labour relations), and 50(2) (right to fair hearing) of the Constitution had been violated.
While the court declined to reinstate Mwanza to the police service, it ruled that he is entitled to all terminal dues accrued from the date of his dismissal to the date of the ruling.
“In view of the offense 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,” the court ordered.
Mwanza will receive terminal benefits for the period between July 19, 2021, and September 22, 2025. The court also ordered the respondents to cover the costs of the petition.
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