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Linda Okello determined to sue police despite resuming duty

13 June 2014, 18:29 Victor Tinto

Nairobi - Corporal Linda Okello is continuing with her harassment case against the National Police Service despite resuming duty.

Okello has had her case postponed in order to file other documents for her impending case.

Though lawyer Tom Ojienda, the court was told that a lot had happened since when the case was first filed and therefore she needed to make some changes in her suit papers.

The judge was to decide whether to withdraw the case since she has resumed duty at a Kiambu based station. Linda wants her case against her employers to proceed.

“Linda wishes to prosecute her case, in that regard I wish to amend the petition that so that it is up to date because a lot has happened since it was first filed,” said lawyer Tom Ojienda.

And Industrial Court judge Maureen Onyango allowed her request to have the case postponed and further suit papers filed. She directed that the case be mentioned on July 14 for further directions.

“Linda is granted the request to amend the case within seven days and the sued parties should file their responses in 14 days,” Lady Justice Onyango said.

Linda has sued  the National Police Service Commission, Inspector General of Police and his deputy over unprocedural disciplinary proceedings taken against her for appearing on duty untidy in her clothing contrary to the National Police Service Act, 2011 yet none of her supervisors had ever made complaints with regards to her dressing.

She is seeking a declaration that the disciplinary proceedings against her alleged untidy mode of dressing were aimed at embarrassing her and were done unprocedurally.

She  claims that she was subjected to an unfair, unreasonable, skewed, flawed and unlawful inquiry into an alleged offence against discipline which were described as ‘orderly proceedings’.

She also alleges that all the four witnesses who testified against her failed to produce evidence that pointed to the default on her part or in support of the charges against her and instead exonerated her from any wrong doing.

She further claims that the proceedings found no basis to giver her a verdict or ask her to defend herself but the presiding officer failed to dismiss the charge or acquit her as well as tell her when to expect it.

Although Industrial Court judge Lady Justice Maureen Onyango had on May 23 issued an order stopping the orderly proceedings  which she however attended and is back on duty, she wants court to declare the decision to put her on defence as erroneous and unlawful.

She also wants court to quash the OB entry of April 28, the defaulter charge sheet and the orderly proceedings besides the sued parties being barred form punishing her.

A decision she claims put her in an uncertainty and a continued violation of her rights and was later directed to defend herself on May 26.

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