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{
"id": 1549802,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549802/?format=api",
"text_counter": 81,
"type": "speech",
"speaker_name": "Hon. Deputy Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Aseka, you are properly assured. Next, we move to the request for statement that had been sought by Hon. Barongo, Member for Bomachoge Borabu. Again, it is the Departmental Committee on Administration and Internal Affairs, Hon. Raso."
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{
"id": 1549803,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549803/?format=api",
"text_counter": 82,
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"speaker_name": "",
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"speaker": null,
"content": "DISMISSAL OF MR JAPHET MOCHAMA FROM THE NATIONAL POLICE SERVICE"
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{
"id": 1549804,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549804/?format=api",
"text_counter": 83,
"type": "speech",
"speaker_name": "Saku, UDA",
"speaker_title": "Hon. Ali Raso",
"speaker": null,
"content": " Thank you very much, Hon. Deputy Speaker. This is a response from the National Police Service Commission (NPSC), which I will share with Hon. Barongo."
},
{
"id": 1549805,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549805/?format=api",
"text_counter": 84,
"type": "speech",
"speaker_name": "Saku, UDA",
"speaker_title": "Hon. Ali Raso",
"speaker": null,
"content": "The ex-officer, Police Constable (PC) Japhet Mauti Mochama of PF No.90638 was enlisted in the service on 7th July 2007. At the material time of his dismissal, he was attached to the Anti-Stock Theft Unit (ASTU). He was charged with an offence against discipline in Orderly Room Proceedings (ORP) on 21st November 2016, whose particulars were as follows: “Without lawful cause, breaks out of police line”, which means being absent from duty. The offender pleaded guilty to the charges, which in fact is stated in his own words: “ Nakubalimashtaka ”. The presiding officer observed that the offender had two previous disciplinary counts and noted that he had inadequate powers to pass sentence, and thus recommended the penalty of dismissal to the NPSC. Consequently, the officer was suspended in accordance with Section 89(6A) of the National Police Service Act pending recommended summary dismissal The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1549806,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549806/?format=api",
"text_counter": 85,
"type": "speech",
"speaker_name": "Saku, UDA",
"speaker_title": "Hon. Ali Raso",
"speaker": null,
"content": "from service. The Service Standing Orders require that the officer’s file proceedings be transmitted to the Commission through the respective service channels. It is also noted that the ex-officer’s disciplinary records reveal two convictions for the following offenses. On 6th October 2008, the officer was charged with the offence of discharging a weapon at Morop Patrol Base without reasonable cause. He pleaded guilty on his own account. He was fined and stated that he did not wish to appeal. The second count was that in 2012, the officer was charged with the offence of leaving his place of duty before he was regularly relieved, contrary to Force Standing Orders, when he should have been on night guard duties at Telcom Wire in Gilgil Town and at the ASTU Headquarters. On 30th June 2015, his records reveal an inquiry from the Directorate of Criminal Investigations (DCI) in which the Directorate requested the Officer in-Charge at the ASTU Gilgil to trace and escort the ex- officer to the Directorate for investigations relating to an offence of obtaining money under false pretences, contrary to Section 13 of the Penal Code. At the material time to the issues of the disciplinary conduct of the ex-officer, the ex- officer was arrested and charged at the Principal Magistrate's Court in Webuye on 19th November 2023 in Criminal Case No.885 of 2016 for the following. On 19th November 2016, the accused was charged with being in possession of public stores contrary to Section 324(2) Cap 63 of the Laws of Kenya, namely, gun oil amounting to 5 litres, suspected to be the property of the Government of Kenya. The second count was that on 19th November 2016, the accused was charged with being in possession of ammunition, contrary to Section 34(1) of the Firearms Act Cap 114 of the Laws of Kenya. He was in possession of 720 rounds of 7.62x39mm ammunition without a firearm certificate. Having listened to the accused, the court acquitted him but the Commission felt that disciplinary processes are administrative in nature and distinct from criminal processes in which the ex-officer was acquitted. Courts have held that disciplinary processes are the prerogative of the employer as in the case of Prof. Gitile Naituli vs University Council of Multimedia University College & Another [2003] eKLR. In light of the aforementioned prerogative, courts will rarely interfere with employers' disciplinary processes. This position was reiterated in the case of Geoffrey Mworia vs Water Resources Management Authority [2015] eKLR where the court stated that: “The court will very sparingly interfere in the employer's entitlement to perform any of the human resource functions such as recruitment, appointment, promotion, transfer, disciplinary control, redundancy or any other human resource function.” In conclusion, it is stated that the ex-officer exhausted the redress mechanisms set out in the law relating to discipline in the service. The Commission in approving the officer’s…"
},
{
"id": 1549807,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549807/?format=api",
"text_counter": 86,
"type": "speech",
"speaker_name": "Saku, UDA",
"speaker_title": "Hon. Ali Raso",
"speaker": null,
"content": "( Technical hitch)"
},
{
"id": 1549808,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549808/?format=api",
"text_counter": 87,
"type": "speech",
"speaker_name": "Hon. Deputy Speaker",
"speaker_title": "",
"speaker": null,
"content": "We seem to be having challenges with the system."
},
{
"id": 1549809,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549809/?format=api",
"text_counter": 88,
"type": "speech",
"speaker_name": "Saku, UDA",
"speaker_title": "Hon. Ali Raso",
"speaker": null,
"content": " Thank you very much, Hon. Deputy Speaker. In approving the officer’s dismissal, the Commission acted in accordance with the laws variously indicated in the response, namely, Article 47 of the Constitution and the Fair Administrative Action Act. Secondly, the ex-officer admitted in the disciplinary proceedings as well as in his appeal that he was not at his place of work and that his absence was without official leave. Additionally, the officer was not in Eldoret where he had purportedly gone to withdraw money. The ex-officer’s contentions against the disciplinary proceedings leading to dismissal or reinstatement can only find remedy in the Employment and Labour Relations Court (ELRC) which is mandated to settle disputes between employers and employees. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1549810,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549810/?format=api",
"text_counter": 89,
"type": "speech",
"speaker_name": "Saku, UDA",
"speaker_title": "Hon. Ali Raso",
"speaker": null,
"content": "Finally, the Commission has demonstrated, through this submission, its commitment to uphold the tenets of the Constitution by ensuring that members of the service comply with Articles 10, 232 and 243 of the Constitution to uphold discipline and professionalism, and discharge their functions in national security with utmost devotion. Hon. Deputy Speaker, I beg to respond."
},
{
"id": 1549811,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549811/?format=api",
"text_counter": 90,
"type": "speech",
"speaker_name": "Hon. Deputy Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Members, before we proceed, allow me to recognise and welcome students seated in the Public Gallery. They are from Manguu Comprehensive School, Ruiru Constituency, Kiambu County; Kula Mawe Junior School from Isiolo South Constituency, Isiolo County and, Emining Boys High School from Mogotio Constituency, Baringo County. Seated in the Speaker's Gallery, we have students from Luci Amen Junior School, Naivasha Constituency, Nakuru County and Effort Junior School from Kirinyaga Central Constituency, Kirinyaga County. I will give an opportunity to the Member for Isiolo South, Hon. Bidu Tubi and Hon. Ibrahim Saney, Member for Wajir North, to welcome the students on our behalf in that order."
}
]
}