Court awards Sergeant-at-Arms Sh200,000 over delayed disciplinary case

The Parliamentary Service Commission (PSC) has been ordered to pay former Principal Sergeant-at-Arms Reuben Chesire Kimosop Sh200,000 after the Employment and Labour Relations Court found that it subjected him to an excessively delayed disciplinary process.

Justice Jacob Gakeri said the prolonged delay left Mr Kimosop in uncertainty about his employment and caused him prejudice, while the commission failed to give him adequate updates despite his repeated efforts to establish the progress of his case.

“There was inordinate delay, the applicant suffered prejudice and the respondent’s explanation was insufficient,” Justice Gakeri said in a judgment delivered on September 21, 2026.

The case arose from disciplinary proceedings that began in February 2025 when Mr Kimosop was issued with a show-cause letter over allegations of gross misconduct involving a student intern attached to the Senate.

He responded to the allegations before being suspended from duty in May 2025 pending investigations and disciplinary proceedings.

The commission subsequently invited him to appear before a disciplinary committee on October 30, 2025.

Mr Kimosop attended the hearing but heard nothing for months about the outcome.

Concerned by the prolonged silence, he moved to court seeking orders compelling PSC to conclude the disciplinary process and communicate its decision.

He told the court that he had made several inquiries and sent reminders but the commission failed to tell him what had become of the disciplinary proceedings.

The former officer also complained that the prolonged suspension had caused him hardship and left him uncertain about his employment status.

He argued that the delay was contrary to PSC’s own human resource policies, which provide timelines for handling disciplinary cases.

PSC opposed the application, maintaining that it had acted within its mandate in suspending Mr Kimosop while investigating serious allegations against him.

The commission attributed the delay to circumstances beyond its control, including changes in the membership of the disciplinary committee.

It told the court that the committee chairperson died after the hearing had commenced, disrupting the process of preparing its report.

The commission further explained that the vice-chairperson, who took over, was subsequently appointed to the Court of Appeal, causing further delays in finalising and presenting the report for approval.

PSC maintained that these developments slowed down the process and communication of the final decision.

However, while the case was pending, the commission completed the disciplinary proceedings.

At its 332nd meeting on June 17, 2026, PSC resolved to dismiss Mr Kimosop from employment for gross misconduct.

The decision was communicated to him through a letter dated June 29, 2026.

Justice Gakeri examined whether the length of the suspension and the delay in concluding the disciplinary process were justified.

The judge noted that PSC’s own guidelines provide that suspension cases should ordinarily be determined within three months, although the period may be extended depending on the circumstances.

The commission was, however, expected to keep the affected employee informed where the process took longer than anticipated.

Justice Gakeri found that there were unexplained periods of delay before and after the disciplinary hearing.

Although the death of the committee chairperson and the appointment of the vice-chairperson to the Court of Appeal affected the process, the judge found that the events did not sufficiently explain the prolonged delay.

The judge also found that PSC failed to keep Mr Kimosop informed despite his efforts to obtain updates.

“The Respondent ought to have communicated to the Applicant, more so, since the Applicant clearly exhibited concerns over the delays. However, the Respondent ignored the same,” said Justice Gakeri.

The court said suspension is intended to facilitate investigations and disciplinary proceedings and should not leave an employee in indefinite uncertainty.

Justice Gakeri found that Mr Kimosop had been left waiting for the outcome for an unreasonably long period.

The court nevertheless declined to order PSC to conclude the disciplinary process because the commission had already completed it and communicated its decision to dismiss him.

The judge said the issue had therefore been overtaken by events.

However, the court found that the former officer was entitled to compensation because of the manner in which the disciplinary process had been handled.

Justice Gakeri held that the delay and failure to keep Mr Kimosop informed had caused him prejudice.

The court consequently awarded him Sh200,000 in damages.

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