The Court of Appeal has been asked to determine whether public officers can be dismissed from service for misconduct that occurs off duty, in their private lives.
The Court of Appeal has been asked to determine whether public officers can be dismissed from service for misconduct that occurs off duty, in their private lives.
The case arises from a petition filed by Mr James Irungu, a former Senior Accounts Assistant at Murang’a University of Technology, who is challenging a Labour Court decision that upheld his dismissal on grounds of integrity.
Mr Irungu, who was dismissed in November 2023, argues that the university had no authority to discipline him over alleged misconduct in his role as treasurer and chairman of the Murang’a University Staff Sacco.
He maintains that the Sacco is a separate legal entity and that any disciplinary action against him should have been taken only by the Sacco in line with its by-laws.
In his appeal, Mr Irungu contends that the Labour Court wrongly extended the university’s authority into his private affairs, thereby compromising the autonomy of the Sacco. He insists that his actions at the Sacco were “none of the university’s business” and that his dismissal was therefore unlawful.
However, Murang’a University, through Njambi Chege Advocates, opposes the appeal and supports the Labour Court’s ruling, describing it as a landmark decision that strengthens integrity and accountability in public service.
“This judgment is an important affirmation that integrity is the cornerstone of public service. It underscores that employers in the public sector are entitled and indeed obligated to hold officers accountable not only for their conduct within the institution but also for their actions in any leadership capacity,” the university’s lawyers said.
The advocates argue that ethical lapses, whether inside or outside the workplace, undermine public trust and cannot be excused under the guise of separate legal personality.
They further stated that the Labour Court’s ruling is a “significant contribution to jurisprudence on leadership, integrity, and accountability,” setting the right tone for ethical governance in public institutions.
The main entrance of Murang’a University of Technology.
The Labour Court had earlier upheld Mr Irungu’s dismissal, noting that public officers “cannot be the devil in their private life and an angel while on public duty.”
The judge concluded that the duty to uphold integrity under Chapter 6 of the Constitution extends beyond the immediate workplace and applies in all spheres of professional and leadership life.
Mr Irungu has since admitted that, as a public officer, he was bound by Chapter 6 and that he never ceased to be a public officer even while serving in the Sacco or staff union. However, he insists the dismissal was unfair.
The Court of Appeal is now expected to issue a determination that could set a far-reaching precedent on whether public officers must uphold integrity consistently, regardless of whether misconduct occurs on or off duty.
