The Kenya Revenue Authority (KRA) has been ordered to compensate 23 police officers whose secondment to the agency was abruptly terminated three years ago.
The officers were part of a team of 60 seconded to the agency’s investigations and enforcement department, but their services were terminated in January 2023 and they were released back to their employer, the National Police Service (NPS).
KRA had defended their redeployment to the police, saying the contracts were terminated to allow the tax collector to engage the NPS on a framework for support and collaboration in law enforcement and security-related activities.
The Employment and Labour Relations Court, however, said that even though KRA had a right to terminate the contracts, due notice was necessary to allow for planning and to enable the officers and their families to prepare for relocation and changes in salary, given existing commitments such as children’s schooling, housing payments and loans, among others.
“The treatment of the petitioners by the respondent (KRA) was indeed harsh and inhumane and in breach of their constitutional rights, in particular fair labour rights under Article 41 of the Constitution, inhumane and degrading treatment under Article 28 of the Constitution, and Fair Administrative Action under Article 47 of the Constitution,” said the court.
The court directed KRA to pay the 23 police officers four months’ salary as compensation, plus the costs of the petition.
Another group had previously sued KRA successfully after the court found that the termination was unfair as it led to a reduction in their salaries and other benefits.
The affected officers had successfully applied for the positions and were taken through a competitive recruitment exercise before their secondment.
The police officers were invited by KRA in conjunction with their employer.
The contracts stated that they would serve for a period of three years from the date of signing, and the offer was later extended for a further two years.
In addition to enhanced salaries, the officers enjoyed other benefits, including medical cover for each officer, their spouse and four declared children, group personal accident insurance cover for the duration of the secondment, and 30 pro-rated working days of paid leave per year of service.
However, they were served with notices on February 3, 2023, terminating their secondment without any reasons being provided.
The officers said the termination caused them serious unplanned relocation costs. They also had to contend with lower pay.
They argued that the termination of their secondment was harsh, unilateral and unprovoked, and caused them grave loss as they earned less and lost benefits obtained during the secondment.
KRA defended the termination, saying it was done in line with the contracts, which provided that the agreement could be terminated on disciplinary or other grounds.
The tax authority added that the reduction in salary and alleged loss of benefits enjoyed during the secondment could not form a valid or legitimate claim, as these were temporary benefits applicable only for the duration of the posting.
