The Court of Appeal will now decide a landmark case on whether public officers can be legally dismissed for misconduct that occurs in their personal lives, away from their official duties, a ruling that will set a critical precedent on the boundaries of private and professional conduct for all public servants in Kenya.
The case involves James Irungu, a former Senior Accounts Assistant at Murang’a University of Technology, who was fired in November 2023.
His dismissal was based on allegations of misconduct while serving as the treasurer and chairman of the Murang’a University Staff Sacco, an affiliate body of the institution.
In his appeal, Irungu argues that his firing was unlawful. He claims that his role at the Sacco was in a separate capacity and that the university had no right to punish him for actions that were "none of their business." This argument is at the core of the legal dispute before the court.
The university, however, maintains that Irungu's alleged misconduct at the Sacco directly impacts his integrity as a public officer and undermines his employer's trust.
Advocates representing the institution argue that the firing was correct and that public workers must act with integrity all the time, not just at work.
They believe that bad behaviour, whether at work or in private life, hurts public trust.
“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 argues.
A lower court had already agreed with the university, stating that public officers cannot be doing evil in their private life and an angel while on public duty.
According to the judge, it is the duty of public officers to be good and honest leaders who apply everywhere.
The judge maintained that the duty to uphold integrity under Chapter 6 of the Constitution extends beyond the immediate workplace and applies in all aspects of professional and leadership life.
Irungu admitted that he was still a public officer while working for the Sacco, but he still feels his dismissal was unfair.
The Appellate court's final judgment is expected to provide a clear legal framework on the extent to which public sector employers can exercise disciplinary authority over their employees' private lives.
