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.
