Linda Okello's bosses want case settled out of court
Corporal Linda Okello (left) has been at the centre of public debate after this picture of her in a tight skirt ran in the Daily Nation earlier in 2014. FILE PHOTO | NATION
What you need to know:
- Industrial Court judge Maureen Onyango told parties in her case to discuss on settling the matter out of court.
- Linda Okello is seeking a declaration that the disciplinary proceedings against her alleged untidy mode of dressing, when she appeared at a function in a tight fitting skirt, were aimed at embarrassing her.
Corporal Linda Okello’s case may be settled out of court, a court heard on Tuesday.
Industrial Court judge Maureen Onyango told parties in her case to discuss on settling the matter out of court.
Lady Justice Onyango made this directive after State lawyer Paul Ojwang’ said Ms Okello’s matter was an issue that could be resolved out of court and that the sued parties could be allowed more time to respond.
However, her lawyer said he could not readily confirm that he would go ahead with the proposal since Ms Okello had not talked to him about an out-of-court settlement.
“We have no objection for the request for additional time for the National Police Service Commission, Inspector General of Police and his deputy to put in their response, I am limited as I have no instructions on settlement,” said Mr John Mbaluto.
RESPOND IN 14 DAYS
The judge ruled that Mr Ojwang’ should directly discuss the proposal with Mr Mbaluto but the National Police Service Commission, the Inspector General of Police and his deputy should respond to the case as required in 14 days.
“The National Police Service Commission, Inspector General of Police and his deputy are granted 14 days to file a response and to approach Linda’s lawyer directly to discuss (an) out of court settlement before a further directive on September 22,” said Lady Justice Onyango.
Mr Ojwang’ faulted the media, saying they blew the case out of proportion.
“I am seeing there is something we can resolve. I believe I can persuade the National Police Service Commission, Inspector General of Police and his deputy to expunge the proceedings from the record, given that this issue was blown out of proportion by the media,” said Mr Ojwang’.
Linda had sued her bosses over what she claimed were un-procedural disciplinary proceedings taken against her for appearing on duty while "untidy," contrary to the National Police Service Act, 2011. She said none of her supervisors had ever made complaints about her style of dressing.
FAILED TO PRODUCE EVIDENCE
She claims that she was subjected to an unfair, unreasonable, skewed, flawed and unlawful inquiry into an alleged offence.
She also alleges that all the four witnesses who testified against her failed to produce evidence that pointed to any fault on her part or in support of the charges against her and instead exonerated her from any wrongdoing.
She further claims that the proceedings found no basis for the charges against her but the presiding officer failed to dismiss the charge or acquit her.
Although judge Onyango had on May 23 issued an order stopping the "orderly proceedings" — which she, however, attended and she is back on duty — she wants the court to declare the decision to put her on trial as erroneous and unlawful.
She also wants the court to quash the Occurrence Book (OB) entry of April 28, the charge sheet and the orderly proceedings, and wants the sued parties to be barred from punishing her.
She claims the entries, charge sheet and proceedings put her in uncertainty and were a continued violation of her rights.
