STEPHEN MUNGA V. MINISTER FOR INTERIOR & NATIONAL COORDINATION, INSPECTOR GENERAL OF POLICE, OFFICER COMMANDING RABAI DIVISION & OCS RABAI POLICE STATION

JUDGMENT OF THE COURT

The appellant, Stephen Munga is a police constable in the employment of the National Police Service. At the time of the events leading to this appeal, he was attached to Rabai Police Division in Kilifi County. It was alleged that on 18^th December 2013, he failed, without lawful cause, to report to duty at the Inquiry Office, Rabai Police Station, where he was supposed to be with effect from 6.00 am.

It was further alleged that as at 10 a.m. he had not reported to duty and as a result a large number of citizens seeking assistance from the police were forced to congregate at the report office waiting to be served. To ameliorate the situation, Superintendent of Police, John Matsili, the Officer Commanding Police Division, Rabai Police Division, deployed Police Constable John Muraguri to attend to the waiting citizens at 10.00 a.m. Later the same day Supt. Matsili asked the appellant to explain his absence from duty but he did not give a satisfactory explanation.

On 19^t…