In the intricate tapestry of law, where justice is sought and delivered, the Supreme Court of Kenya recently provided a clarifying approach to judicial review in Kenya. In a landmark decision delivered on June 16, 2023, the Supreme Court of Kenya addressed critical issues related to constitutional rights and the conduct of the National Police Service.
The case of Dande & 3 others v Inspector General, National Police Service & 5 others (Petition 6 (E007), 4 (E005) & 8 (E010) of 2022 (Consolidated)) [2023] KESC 40 (KLR) (16 June 2023) (Judgment), has garnered significant attention for its implications on police accountability and human rights in Kenya.
This article provides an in-depth analysis of the case, its background, key issues, and the court's judgment.
Background of the Case
The case involves Edwin Harold Dayan Dande, Elizabeth Nailantei Nkukuu, Patricia Njeri Wanjama, and Cytonn Investments Management Limited (the appellants) against the Inspector General of the National Police Service, the Director of the Directorate of Criminal Investigations, British American Asset Managers Limited, and others (the respondents).
The appellants were senior employees of British American Asset Managers (BAAM), a subsidiary of British American Investments Company (Kenya) Limited (Britam). In 2013, BAAM entered into a joint venture with Acorn Group Limited for real estate development.
Disputes arose, leading to the resignation of the appellants, who subsequently formed Cytonn Investments. Britam accused the appellants of fraudulently transferring funds to Acorn and initiated civil and criminal proceedings against them.
Legal Proceedings
The appellants filed judicial review applications and a constitutional petition at the High Court, challenging the actions of the respondents. The High Court dismissed their applications, prompting the appellants to appeal to the Court of Appeal, which upheld the High Court’s decision.
The appellants then moved to the Supreme Court, leading to the consolidation of the petitions.
Key Issues in the Case
The Supreme Court addressed several pivotal issues in this case:
Violation of Constitutional Rights: The petitioners alleged that their rights under the Constitution, including the right to personal liberty and protection from inhumane treatment, were violated by the NPS. The court had to determine whether these rights were indeed infringed and if so, to what extent.
Police Accountability: Another critical issue was the accountability of the National Police Service for alleged acts of misconduct. The petitioners sought to hold the police accountable for their actions, challenging the effectiveness of internal mechanisms for addressing grievances against police officers.
Legal Remedies and Compensation: The petitioners sought legal remedies, including compensation for the alleged violations. The Supreme Court had to assess the appropriate remedies and compensation for the petitioners, considering the severity of the alleged violations and the impact on their lives.
Supreme Court’s Judgment
On June 16, 2023, the Supreme Court delivered its judgment, significantly impacting the scope of judicial review in Kenya. The court held that judicial review could extend to the merits of an administrative decision, a departure from the traditional view that limited judicial review to procedural issues.
The court emphasized that the scope of judicial review should be determined by the nature of the case and the procedure through which it is brought. This liberal approach allows courts to examine the substance of administrative actions, ensuring that justice is not only done but seen to be done.
Key Takeaways
Expansion of Judicial Review: The Supreme Court’s decision broadens the scope of judicial review, allowing courts to delve into the merits of administrative decisions. This shift ensures that administrative actions are not only procedurally correct but also substantively just.
Implications for Administrative Bodies: Administrative bodies must now ensure that their decisions are not only procedurally sound but also substantively fair and justifiable. This decision places a higher burden on administrative bodies to act within the bounds of fairness and reasonableness.
Precedent for Future Cases: This case sets a significant precedent for future judicial review applications. It provides a framework for courts to assess the merits of administrative actions, ensuring that justice is comprehensive and not limited to procedural correctness.
Impact of the Judgment
The Supreme Court’s decision in this case is a harbinger of a more robust judicial review process in Kenya. It aligns with global trends where courts are increasingly willing to scrutinize the substance of administrative decisions.
This approach enhances accountability and transparency in administrative actions, fostering a more just legal system. The judgment in Dande & Others v. Inspector General, National Police Service & Others is also significant for several reasons:
On Police Accountability: The Court underscored the need for robust mechanisms to hold police officers accountable for misconduct. It highlighted gaps in the existing framework for addressing complaints against the police and called for reforms to enhance transparency and accountability within the NPS.
On Constitutional Rights: The Court found that the petitioners’ constitutional rights had indeed been violated. The judgment emphasized that the National Police Service must operate within the confines of the law and respect individual rights.
The court reiterated the importance of upholding fundamental freedoms and ensuring that any violations are appropriately addressed.
Guidance for Future Cases: The Court’s decision provides guidance for handling cases involving alleged police misconduct and human rights violations. It clarifies legal standards and procedural requirements, offering a framework for addressing such issues in the future.
Conclusion
The Supreme Court’s decision in Dande & 3 others v Inspector General, National Police Service & 5 others case is a landmark judgment that reshapes the landscape of judicial review in Kenya. By expanding the scope of judicial review to include merit review, the Supreme Court has ensured that administrative actions are held to higher standards of fairness and justice.
This decision not only impacts the parties involved but also sets a precedent for future cases, promoting a more equitable legal system in Kenya.
For legal professionals and scholars, this case underscores the evolving nature of judicial review and its critical role in upholding justice. It is a testament to the dynamic and progressive nature of Kenya’s legal system, reflecting a commitment to ensuring that justice is both procedural and substantive.
To explore this further, see the full judgment in Dande & 3 others v Inspector General, National Police Service & 5 others (Petition 6 (E007), 4 (E005) & 8 (E010) of 2022 (Consolidated)) [2023] KESC 40 (KLR) (16 June 2023) (Judgment)
