IG Joseph Boinnet, NPSC chair Kavuludi ask court not to attach assets
Inspector-General of Police Joseph Boinnet. A police officer wants his assets and those of NPSC chairman Johnston Kavuludi attached in a case where they are accused of disobeying an order. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- Police Constable Henry Nyakoe Obuba had sued the three and the Attorney-General for unlawful dismissal based on criminal charges he had faced but of which he was later acquitted by a court.
- Following the outcome of the case, the Employment and Labour Relations Court on May 26 this year declared his dismissal a breach of his constitutional rights and ordered he be reinstated.
- The judge also gave an alternative order for them to pay Mr Obuba Sh3 million in compensation for unlawfully terminating his service if they do not reinstate him.
Inspector-General of Police Joseph Boinnet and National Police Service Commission (NPSC) chairman Johnston Kavuludi have pleaded with a court not to attach their assets in a case where they are accused of disobeying an order.
The two and acting Deputy Inspector-General of Police Joel Mboya Kitili said it would be unlawful, unjust and unfair for their assets to be attached and sold.
They filed their objections through State Counsel Francis Makori, who said the application by Police Constable Henry Nyakoe Obuba is an abuse of the court process.
Mr Obuba filed an application seeking the jailing of Mr Kavuludi, Mr Boinnet and Mr Kitili for refusing to reinstate him into the service.
“The Acting Deputy IG Mr Kitili refused to deploy the petitioner stating that they had [the] option of refusing to reinstate him whether there are court orders or no court orders,” said Mr Obuba in his suit papers.
The Employment and Labour Relations Court had ordered that he be reinstated or be paid Sh3 million in compensation.
Mr Obuba had sued the three and the Attorney-General for unlawful dismissal based on criminal charges he had faced but of which he was later acquitted by a court.
He had been dismissed from the police service on August 31, 2000 based on two criminal charges he faced at a Meru magistrate's court. The charges were of manslaughter and desertion from duty.
He was, however, acquitted by the court for lack of evidence.
Following the outcome of the case, the Employment and Labour Relations Court on May 26 this year declared his dismissal a breach of his constitutional rights and ordered he be reinstated.
Justice Ongaya also ordered the NPSC chairman, the IG and the acting Deputy IG to reinstate him to the service within a period of 10 days from the date of the judgment.
The judge also gave an alternative order for them to pay Mr Obuba Sh3 million in compensation for unlawfully terminating his service if they do not reinstate him.
The State counsel and Mr Obuba's lawyer requested time to negotiate a settlement.
“There is no disobedience of court orders as the deadline for payment of compensation is yet to expire. The respondents have decided to go by the alternative order and pay him compensation,” Mr Makori said.
Justice Ongaya allowed the parties to negotiate. The case will be mentioned on October 14.
