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{
    "id": 1549806,
    "url": "https://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…"
}