A police officer who discharged a rifle while drunk has avoided permanent career damage after his wife contradicted the most serious allegation against him.
According to a High Court ruling on September 22, 2025, Andrew Kyalo Mwanza had admitted to firing a G3 rifle in public while drunk.
He also allegedly admitted to threatening to kill his girlfriend.
Consequently, the National Police Service Commission (NPSC) dismissed him on July 19, 2021, because of the severity of his actions and public safety concerns.
“The Petitioner could have caused grave and irreparable harm to innocent bystanders and/or his colleagues by discharging a firearm while under the influence of alcohol,”
“It is in the public and police interests that the Petitioner was dismissed from the National Police Service,” the court heard.
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Wife Saves Cop with Affidavit
However, Mwanza’s wife, Stella Chepkwemoi, filed an affidavit stating that she was neither near the petitioner nor did they have any kind of misunderstanding before the 4th January 2021 incident.
Her statement contradicted the Commission’s claim that Mwanza had made a direct threat to her, weakening their justification for immediate dismissal.
“She has since sworn an affidavit stating that she was neither near the petitioner nor did they have any kind of misunderstanding prior to the 4th January 2021 incident.”
Additionally, the High Court found that Mwanza’s disciplinary proceedings were conducted unprocedurary and that his constitutional rights were violated.
“The proceedings the petitioner was subjected to were hurriedly convened and he was not given any adequate notice to prepare for his defence,” the court noted.
Further, the court noted that Mwanza faced disciplinary action barely 24 hours after the incident, without proper notice, and that the Subordinate Disciplinary Committee had failed to comply with legal requirements when waiving mandatory hearing procedures.
“This being the case, I return the verdict that the petitioner’s rights under the constitution were infringed upon and in particular breach of Article 28, 41, and 50(2) of the constitution,” said the Judge.
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Judge Rules in Favor of the Cop
The judge noted that the officer who waived the notice did not provide any written statement explaining why the waiver was necessary.
“Subsection (6) indicates that where the waiver notice is waived, the presiding officer shall be required to make a written statement stating the reasons for the waiver.”
Consequently, although the NPSC argued that immediate dismissal was necessary to protect public and police interests because of the potential for grave harm, the court indicated that procedural fairness could not be overlooked.
However, it acknowledged the severity of Mwanza’s admitted conduct.
“In view of the offense the petitioner was subjected to and in which he admitted committing under the influence of alcohol, I direct that he be paid all his terminal dues from the date of removal from employment to the date of this judgment,” the ruling ordered.
Mwanza will not be reinstated but is entitled to all terminal dues accrued from July 19, 2021, to September 22, 2025.
The respondents were also ordered to pay the costs of the petition.
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