DIRECTOR GENERAL NATIONAL INTELLIGENCE SERVICE & ANOTHER V. VINCENT KONGA CHELIMO [2019]

RULING OF THE COURT

1. The respondent, Vincent Konga Chelimon, was recruited into the Kenya Police Force on 11^th May, 1988. On 1^st July, 1999, he joined the National Security Intelligence Service (NSIS) and was promoted to the level of Senior Intelligence Officer. On 18^th January 2011, he was arraigned before the Chief Magistrate’s Court and charged with the offence of theft contrary to Section 275 of the Penal Code. Following his appearance in court, he was served with an interdiction letter dated 24^th February 2011. On 13^th November 2013, while the criminal case was on going, he was served with a suspension letter. By a ruling delivered on 17^th Decembe,r 2014, the trial magistrate held that he had no case to answer. He was acquitted. Subsequently, on 30^th June, 2015, he was served with a letter of dismissal terminating his services at the National Security Intelligence Service.

2. Consequent to his dismissal, the respondent filed a claim before the Employment and Labour Relations Cou…