A police officer who was dismissed from the National Police Service (NPS) after reading out politically charged comments during a TikTok livestream has lost his bid to challenge the decision in court.
In a judgment delivered on December 17, 2025, the Employment and Labour Relations Court struck out the officer’s petition, ruling that it was filed prematurely and amounted to an abuse of the court process. The case was heard by Justice Byram Ongaya.
The officer, Joyfred Maina, was stationed at Riruta Police Station when the incident occurred on July 19, 2023, a day marked by widespread anti-government protests across the country.
According to court records, Maina was deployed as a station guard when he logged into his TikTok account while in full police uniform and actively on duty and started a livestream.
During the broadcast, users posted politically sensitive comments in the livestream’s comment section, including the slogan “Ruto Must Go.” Maina admitted to reading some of the comments aloud as he attempted to caution viewers.
Clips from the livestream were later edited and widely shared on social media, sparking public outrage and, according to the police service, damaging the image and integrity of the NPS.
The Inspector General of Police and the Attorney General told the court that Maina’s actions breached the NPS Code of Conduct, the Leadership and Integrity Act, and the constitutional requirement for political neutrality by serving police officers.
He was disarmed the same day on orders of the Officer Commanding Station and, on July 20, 2023, issued with a show-cause letter citing several disciplinary offences.
These included negligence of duty, wilful disobedience of lawful commands, making false statements, and conduct amounting to hate speech under the National Cohesion and Integration Act.
After responding to the allegations, Maina appeared before a Subordinate Disciplinary Committee, which recommended his dismissal due to the gravity of the misconduct and his previous disciplinary record.
The National Police Service Commission approved the decision in October 2024.
Maina later filed a constitutional petition alleging violations of his rights to fair labour practices and a fair hearing.
However, the court found that he had already lodged an internal appeal with the NPSC, which was still pending.
Justice Ongaya ruled that the officer had failed to exhaust the available statutory mechanisms before approaching the court and struck out the petition, ordering each party to bear its own costs.
By Nairobihub