Corporal Linda Okello (left) has been at the centre of public debate after this picture of her in a tight skirt at a KCB rally ran in a newspaper. FILE
In Summary
- The Kiambu County Traffic Police-based corporal claims in her suit that she was charged with appearing on duty untidy in her clothing,
- The charge against her further stated that she was caught on camera wearing a tight skirt an act that caused hype, public debate in electronic, social and print media.
Corporal Linda Okello is seeking a
declaration that the disciplinary proceedings against her alleged
“untidy mode of dressing” were unprocedural and aimed at embarrassing
her.
In her suit papers, Ms Okello claims that she was
subjected to an unfair, unreasonable, skewed, flawed and unlawful
inquiry into an alleged offence against discipline.
The
Kiambu County Traffic Police-based corporal claims in her suit that she
was charged with appearing on duty untidy in her clothing, contrary to
the National Police Service Act, 2011, yet none of his supervisors had
ever made complains regarding her dressing.
Ms Okello suit is against the National Police Service Commission, Inspector General of Police and his deputy.
“The
action was an intent of tormenting and embarrassing her as the
purported disciplinary hearing proceedings were flawed, unprocedural,
tainted with malice, illegality and had nothing to do with law or
discipline,” said her lawyer from Tom Ojienda firm.
According
to the lawyer, all the four witnesses failed to tender evidence that
pointed to the default on her part or in support of the charges against
her and instead exonerated her from any wrongdoing.
She
further claims that the complainant, Kiambu OCPD Stephen Ngetich, was
not present and did not send a representative officer on his absence to
explain the evidence of the alleged offence.
“Linda is
just like any other Kenyan citizen and is entitled to the due process
of law, the orderly proceedings ought to have adhered to rules of
natural justice in the manner it was conducted,” said her lawyer.
On April 27, Linda was on duty in Kiambu where the KCB National Rally Championship was being flagged off.
She
was to be at the station for two days and had to report after a
briefing which none of her supervisors raised any issue regarding her
uniform.
The following day April 28, she was notified by her friends about her picture on a local daily newspaper.
She
was then summoned to present the worn skirt for inspection and defects
after being booked at 4.00pm in the Occurrence Book for disciplinary
action.
PAIR OF TROUSERS
Linda
alleges she complied with the summons and her skirt was declared to be
in order and a directive was made that she be given two new police pairs
of trousers.
But the May 7 charge indicated that she appeared on duty “scantily dressed in police uniform” and was meant to appear before a Chief Inspector Mwarigha on April 30.
But the May 7 charge indicated that she appeared on duty “scantily dressed in police uniform” and was meant to appear before a Chief Inspector Mwarigha on April 30.
She honoured
the summons but Chief Inspector Mwarigha disqualified himself on grounds
that there was no cause of action warranting the disciplinary action.
The
charge against her further stated that she was caught on camera wearing
a tight skirt an act that caused hype, public debate in electronic,
social and print media.
And on May 9, the orderly
proceedings found no basis to give 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.
VIOLATION OF RIGHTS
She
claims the decision put her in an uncertainty and was a continued
violation of her rights and was later directed to defend herself on May
26.
She claims she feared penalties would include
being reprimanded, suspended, rank demotion or dismissal from the Police
Service hence moved to court.
Although
Industrial Court judge Lady Justice Maureen Onyango had on May 23
issued an order stopping the orderly proceedings which she attended, 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 Aprl 28, the defaulter charge sheet and the
orderly proceedings besides the sued parties being barred from punishing
her.
“I have been a Police Officer
for the last 11 years, I have maintained a clear record with no
discipline issues and the charge is only meant to cause embarrassment,
humiliation, indignity, mental anguish which I endured ever since I was
booked for disciplinary hearing, my only crime was to dress in police
uniform issued to me by the Force Quartermaster in 2003 which l’ve
always put on for two years without any supervisors raising an issue
until now, its worthy to note that the trousers are almost exact if not
lesser dimensions as the skirt.” said Linda.
The
case will be mentioned on June 11 for further directions on the
declaration demand and whether the case will be withdrawn from court.
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