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{
"id": 1562442,
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"content": "pursuant to the provisions of Standing Order 44(2)(c), I rise to request for a Statement from the Chairperson of the Departmental Committee on Labour regarding suspension and subsequent dismissal of Mr Paul Wambua Ndambuki from the Customs and Exercise Department in the Kenya Revenue Authority at the Jomo Kenyatta International Airport. On 27th October, 1998, Mr Paul Wambua Ndambuki of ID. No. 3505123 was suspended from KRA following allegations involving the alleged issuance of duplicate and triplicate copies of receipts which indicated different amounts. On 12th January 1999, the Appointments, Promotions and Disciplinary Committee of KRA held a meeting to determine Wambua’s case without according him an opportunity to be heard, to defend himself or to appeal the decision of the committee. Subsequently, he was dismissed on 22nd September1999. Article 50 of the Constitution provides for a right to fair hearing including a right to prepare a defence, to be present when being tried and to choose a representative in this trial. The unlawful and unjust suspension and dismissal of Mr Wambua violated his guaranteed rights under the Constitution. Section 41 of the Employment Act (Cap. 226) requires that before terminating employment, the employer must inform the employee of the reasons and give them an opportunity to respond, all of which the committee failed to do. 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": 1562443,
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"text_counter": 619,
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"speaker": null,
"content": "At the time of his dismissal, Mr Wambua was the sole breadwinner for his family and the unjust termination caused immense emotional, psychological and financial suffering to him and his dependents."
},
{
"id": 1562444,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1562444/?format=api",
"text_counter": 620,
"type": "other",
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"speaker": null,
"content": "Hon. Temporary Speaker, it is against this background that I seek a Statement from the Chairperson of the Departmental Committee on Labour on the following: 1. Provide a report on the reasons and circumstances that led to the unlawful and unfair dismissal of Mr Paul Wambua Ndambuki from the Kenya Revenue Authority on 22nd September 1999; and, 2. State when Mr Wambua will be paid his salary arrears and other benefits for the period he served and compensation for the emotional and financial harm he suffered due to his unlawful dismissal."
},
{
"id": 1562445,
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"text_counter": 621,
"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
"slug": "george-peter-opondo-kaluma"
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"content": " Hon. Joshua Kimilu, do you want to add to the Statement request?"
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{
"id": 1562446,
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"text_counter": 622,
"type": "speech",
"speaker_name": "Kaiti, WDM",
"speaker_title": "Hon. Joshua Kimilu",
"speaker": null,
"content": " Yes. Thank you, Hon. Temporary Speaker. Before I add, let me first correct you. In Kamba language, if you say Kiambaa, it means a big thing. The name is Kiamba. Hon. Susan is not a big thing. If you say that, it is like an abuse."
},
{
"id": 1562447,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1562447/?format=api",
"text_counter": 623,
"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
"slug": "george-peter-opondo-kaluma"
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"content": " I know her to be very big in the Catholic faith, so it was deliberate."
},
{
"id": 1562448,
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"text_counter": 624,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Laughter)"
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{
"id": 1562449,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1562449/?format=api",
"text_counter": 625,
"type": "speech",
"speaker_name": "Kaiti, WDM",
"speaker_title": "Hon. Joshua Kimilu",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I want to add to what my colleague has said because I know about Wambua’s family. In fact, it is a family which deserves to be compensated, and the Committee should take it seriously. The other day, three weeks ago, I visited Hon. Suzanne, and Makueni and Kaiti constituencies border each other. We passed through the home of that family when I was travelling to a function, and they need serious attention. I request the Chair of the Committee to take this issue seriously. We need compensation for this family because it is their right. Let this matter be given attention. The Committee needs to do something even before they give a reply to this House."
},
{
"id": 1562450,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1562450/?format=api",
"text_counter": 626,
"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
"slug": "george-peter-opondo-kaluma"
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"content": " Hon. Kiamba, are you looking at compensation or reinstatement?"
},
{
"id": 1562451,
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"text_counter": 627,
"type": "speech",
"speaker_name": "Makueni, WDM",
"speaker_title": "Hon. Suzanne Kiamba",
"speaker": null,
"content": " Thank you. Mr Paul is over 75 old years now. He has suffered for the last, I do not know how many years. I do not expect him to be re- employed."
}
]
}