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{
    "id": 333937,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/333937/?format=api",
    "text_counter": 91,
    "type": "speech",
    "speaker_name": "Mr. Ogari",
    "speaker_title": "The Assistant Minister for Information and Communications",
    "speaker": {
        "id": 385,
        "legal_name": "Simon Ogari Arama",
        "slug": "simon-ogari"
    },
    "content": " Okay. Thank you, Mr. Speaker, Sir. Mr. Speaker, Sir, I beg to reply. (a) Yes, I am aware that Mr. Julius Sigilai Kipkorir Chemjor was dismissed from the Postal Corporation of Kenya (PCK) on grounds of gross dishonesty and loss of confidence arising out of Mr. Chemjor fraudulently obtaining owner-occupier house allowance on an undeveloped plot No.Baringo/Kabarnet/Kewamoi 1490. The plot where Mr. Chemjor’s house stands is plot No. 1468, which belongs to Mr. Paul Kibet Chemjor, the younger brother of Mr. Chemjor. Following this, Mr. Chemjor filed a case against the corporation on 11th March, 2009, being dissatisfied with the said dismissal; suing for wrongful dismissal and demanding his terminal dues. The case proceeded to full trial on 25th June, 2009, and the honorable court delivered its judgment awarding the plaintiff Kshs5,042,400 as terminal dues for wrongful dismissal. However, the corporation was dissatisfied with the judgment of the court, lodged an appeal No.73 of 2010, for the Court of Appeal to set aside the entire judgment. The corporation further filed an application dated 12th August, 2009, to stay the execution of the decree pending the hearing and determination of the appeal. On 13th October, 2009, the honorable court allowed the application for stay of execution and directed that the corporation deposits the amount of Kshs5 million in the joint interest-earning account of the two lawyers pending the outcome of the appeal. The corporation fully complied with the court order and the joint bank account No.333401645 was opened with NIC Bank, where the whole amount of Kshs5,042,400 was deposited as security pending the outcome of the appeal. The appeal lodged by the corporation is still pending in court as no hearing date has been fixed by the Court of Appeal. The aforesaid order remains valid and enforceable. In view of the foregoing, it is important to also note that while it is true that Mr. Chemjor was dismissed on grounds which the corporation duly verified and investigated, the question as to whether his dismissal was wrongful or not will and can only be determined by the Court of Appeal and is hence sub judice . Secondly, there is a valid court order issued on 13th October, 2009, which had the effect of stopping any payments of the decretal amount and or terminal dues awarded to the plaintiff by the court until the outcome of the pending appeal. Lastly, as I have already indicated, the appeal is still pending in court and no date has been fixed for hearing of the same. Hence no payment can be made to the plaintiff unless the court orders otherwise or both parties agree to settle the matter outside court. It is my considered opinion that due to the principle of sub judice, it might not be prudent for Parliament to interrogate this matter."
}