A retired military officer has secured a major legal victory after the High Court ruled that the government acted unlawfully by cutting off his salary and medical benefits while he was recovering from a stroke suffered during an official overseas assignment.
In a landmark judgment that reinforces constitutional protections for public officials, the court awarded Dr Major (Rtd) Shadrack Mutia Muiu a staggering KSh45.784 million in compensation after finding that his rights had been violated.
Justice Patricia Nyaundi ruled that the National Police Service Commission (NPSC) and the National Treasury breached the Constitution when they stopped paying Dr Muiu’s salary without following the legally prescribed process for removing a commissioner from office. The judge awarded him KSh35.784 million in unpaid salary and an additional KSh10 million in general damages for the violation of his constitutional rights. The amount excludes interest and legal costs, which will further increase the government’s financial obligation.
Dr Muiu’s troubles began shortly after he was appointed as a commissioner of the National Police Service Commission by former President Mwai Kibaki in October 2012 for a six-year term. His appointment marked a new chapter in his distinguished career, but fate would soon take an unexpected turn.
Only months into his tenure, Dr Muiu joined fellow officials on an international benchmarking tour covering Sweden, the United Kingdom and Germany. During the official assignment, he suffered a devastating stroke that dramatically altered his life.
He was rushed to a hospital in the United Kingdom, where he received emergency treatment before being airlifted back to Kenya for specialized medical care at Nairobi Hospital. Doctors advised that his recovery would require an extended period of treatment and rehabilitation, warning that he should avoid strenuous physical activity while regaining his health.
Despite receiving regular medical reports detailing his condition, the National Police Service Commission reportedly questioned his prolonged absence from work. In March 2014, the commission instructed the National Treasury to stop paying his salary. His medical cover was also withdrawn, leaving him battling serious health challenges without the financial and medical support attached to his office.
At the same time, efforts were reportedly made to replace him, while the Head of Public Service advised him to resign on medical grounds.
Although a petition seeking his removal due to physical incapacity was later presented before the National Assembly, lawmakers recommended that a tribunal be established under Article 251 of the Constitution to determine the matter. However, no tribunal was ever formed, and Dr Muiu was never suspended, formally removed from office, or given an opportunity to defend himself before his six-year term expired in October 2018.
In delivering her judgment, Justice Nyaundi emphasized that the Constitution provides a clear and mandatory process for removing commissioners, adding that public institutions cannot sidestep the law through administrative decisions.
She found that the decision to terminate Dr Muiu’s salary and medical benefits without notice or a hearing violated his rights to fair administrative action and human dignity. Consequently, the court declared the 2014 decision unconstitutional, quashed it, and ordered the government to fully compensate the retired officer.
The ruling is being viewed as a significant affirmation that constitutional safeguards apply to all public officers, especially those facing illness or disability while serving the nation. It also sends a strong message that government institutions must strictly follow due process and cannot deny public officials their lawful entitlements through unlawful administrative action.
