GEOFFREY KIRAGU NJOGU V. PUBLIC SERVICE COMMISSION, PERMANENT SECRETARY PROVINCIAL ADMINISTRATION & INTERNAL SECURITY & ATTORNEY GENERAL

JUDGMENT OF THE COURT

1. An issue in this appeal is whether the powers of the Public Service Commission to make the decision to reinstate a public officer after suspension or interdiction can be delegated. The appellant was the Assistant Chief of Karatina Sub- Location. On 3^rd November, 2007 the appellant was arraigned in court and charged in Criminal Case No. 59 of 2007 for corruption. The appellant was interdicted on 14^th November, 2007 by the then Provincial Commissioner and was paid half his salary. Thereafter, vide a letter dated 8^th January, 2008 the 2^nd respondent informed the appellant of the 1^st respondent’s decision to retire him in public interest with immediate effect. By a letter dated 4^th March, 2008 the appellant pleaded with the 2^nd respondent to reconsider the said decision and wait for the outcome of the criminal case.

2. Subsequently, the appellant was acquitted of the criminal charges against him on 11^th January, 2010. By a letter dated 4^th February, 2010 addressed t…