Senior NIS officer found with unexplained millions in his bank accounts sacked

The Employment and Labour Relations Court has dismissed a petition filed by former Senior Intelligence Officer Samson Gekura Tuguro, who sought to challenge his termination from the National Intelligence Service (NIS) following allegations of bribery.

The court, in its ruling delivered on September 6, 2024, found the dismissal to be fair and within the law, citing gross misconduct related to soliciting and receiving bribes during his tenure as a passport vetting officer.

Bribery Allegations Substantiated by Evidence

Tuguro was accused of engaging in corrupt practices between November 2021 and March 2022, leading to unexplained deposits in his bank accounts, totaling Sh3.14 million.

The NIS Disciplinary Board initiated an investigation and presented evidence that linked Tuguro to a syndicate facilitating the issuance of passports for financial gain.

His supervisors and colleagues testified that the officer had solicited bribes from members of the public and other officers to expedite the passport vetting process.

During the inquiry, Tuguro was questioned about the abnormal increase in his bank deposits, which he failed to justify adequately.

Despite his claims of innocence, the disciplinary board concluded that Tuguro had violated the NIS Disciplinary Rules and Regulations (DRR), which constituted grounds for summary dismissal.

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Petitioner’s Claims of Unfair Dismissal Rejected

In his petition, Tuguro argued that his dismissal violated his constitutional rights, including his right to privacy, fair administrative action, and protection from discrimination.

He further alleged that his dismissal was conducted unfairly and that the disciplinary process lacked procedural fairness, especially since he was denied the opportunity to cross-examine key witnesses.

However, the court rejected these claims, stating that the disciplinary process adhered to the principles of natural justice.

Justice Nelson Jorum ruled that Tuguro was afforded multiple opportunities to defend himself and to present his evidence, but he failed to refute the bribery allegations convincingly.

The court noted that the burden of proof in civil matters is based on a balance of probabilities, and the NIS had provided sufficient evidence to substantiate the claims of gross misconduct.

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Court’s Final Judgment

The court upheld the decision of the NIS to terminate Tuguro’s employment, emphasising that his involvement in bribery constituted gross misconduct as per the Employment Act and NIS regulations.

The judge also dismissed Tuguro's claims of discrimination, noting that his transfer to remote counties like Wajir, Isiolo, and Turkana was part of normal operations and not evidence of unfair treatment.

Justice Jorum concluded the judgment by affirming the fairness of the dismissal and dismissed the petition with costs to the respondent, stating that Tuguro failed to prove any violation of his constitutional rights or any procedural errors in the disciplinary process.

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Tuguro had been with the NIS since 2017, having held various senior intelligence positions across multiple counties.

His last post was in Turkana County, where he served as the County Analyst. His dismissal took effect on September 1, 2022, following a disciplinary hearing that found him guilty of gross misconduct.