A senior officer working in Parliament has been sacked over alleged sexual harassment of a student intern at the Senate, including a hug at his office.
The officer, Mr HSR, a Principal Sergeant-at-Arms, was dismissed after the Parliamentary Service Commission (PSC) found him culpable of gross misconduct following the 2025 incident at his office in Basement Two of Bunge Towers.
The incident led to his suspension and subsequent disciplinary proceedings, culminating in his dismissal.
But as the disciplinary process dragged on for more than a year, the Employment and Labour Relations Court has faulted the PSC for breaching its own three-month timeline for determining suspension cases.
Justice Jacob Gakeri awarded the officer Sh200,000 after finding that the prolonged suspension and unexplained delays violated his right to fair and expeditious administrative action.
Court papers indicate that the officer met the student over lunch and later asked her to pass by his office, which she did. The court heard there was interaction between them in the office, after which, according to Mr HSR, the student voluntarily hugged him before she left.
The Senate building in Nairobi.
Photo credit: File | Nation Media Group
Senate Clerk and PSC Secretary Jeremiah Nyegenye told the court that upon being asked, the officer acknowledged that he had met the student over lunch, asked her to go to his office and interacted with her there.
His response, as presented to the court by the Senate Clerk, said the student “voluntarily hugged me before she left” and voluntarily shared her telephone number without coercion.
The officer received a show-cause letter on February 20, 2025, and responded six days later. He was suspended in May and later invited to a disciplinary hearing.
The hearing was held on October 31, 2025, but the outcome was not communicated until June 29, 2026.
He sued the PSC in January 2026 after it failed to communicate the outcome of his disciplinary proceedings despite demand and reminders. He argued that the delay breached his right to expeditious, efficient, lawful, reasonable and fair administrative action.
He said the prolonged suspension without pay is a punitive labour practice causing him undue hardship, given his PWD status.
The commission said the delay followed the death of Staff Disciplinary Committee chairman Dr Philip Brightone Buchere on November 24, 2025.
It also said further delay followed the appointment of the committee’s vice-chairman, Dr Johnson Okoth Okello, as a Court of Appeal judge on January 22, 2026. Mr Nyegenye added that the PSC was within its rights in suspending the officer given the nature of the case to enable it to commence disciplinary proceedings.
But the court found those explanations insufficient. It noted there was no explanation for the period between August and October 2025, or between November 2025 and January 2026.
The court relied on the PSC Human Resource Policies and Procedures Manual, which states: “Suspension cases must be determined within three months. The Parliamentary Service Commission may extend the period depending on the circumstances of the case.”
Justice Gakeri said the three-month period covered completion and determination of the case, rather than investigations alone.
He said the PSC should have concluded the proceedings before August 2025, despite its power to extend the period where circumstances warranted it.
The court found that the officer suffered prejudice because of the delay and that the PSC ignored his concerns despite his efforts to obtain the outcome.
“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,” Justice Gakeri said.
The court stressed that suspension is ordinarily a neutral measure used to allow an employer to investigate allegations, and does not by itself establish misconduct.
Mr HSR had sought an order compelling the PSC to conclude the disciplinary outcome, together with one million shillings in general damages.
By judgment day, however, the disciplinary process had ended. The court therefore found that the request for an order compelling completion had been overtaken by events.
Justice Gakeri nevertheless found that the PSC had acted “unprocedurally and unfairly” and awarded Sh200,000 in damages.
