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Kavuludi ordered to reinstate National Police Service Commission officer he sacked

KENYA
By By KURIAN MUSA | October 15th 2013

By KURIAN MUSA

National Police Service Commission (NPSC) Chairman Johnston Kavuludi has been served with court order to reinstate the commission’s secretary who was sacked two weeks ago.

Mr Elijah Achoch was the Secretary/Chief Executive Officer to the NPSC on a probation, pursuant to a five-year contract.

In an Industrial Court before Lady Justice Monica Mbaru, Kavuludi was ordered to reinstate Achoch for the due administration of justice and for the industrial court to be effective.

“The claimant to be reinstated to his position as an interim measure pending the hearing of this application,” ordered Justice Mbaru. The court gave its instructions that the first respondent, which is the National Police Service Commission, should not bar or obstruct the claimant from the performance of his duties as a public servant pending interparties hearing of the application.

Justice Mbaru issued seven days to the respondents namely the Attorney General, the National Police Service Commission and its chairman Johnston Kavuludi.

In his application, Achoch claims he has been purportedly terminated from his employment notwithstanding the fact that he was never given an opportunity to be heard.

He states in the application that the decision to terminate his duties was by the committee of the commission and not that of the board of the commission, as required by law.

Decision unfair

“The decision is actuated by malice, is unfair, unlawful and contrary to the law and unless this honourable court urgently intervenes, the respondents will wrongfully proceed to bar the applicant from exercising his duties as secretary/chief executive officer and accounting officer of the NPSC,” submitted advocate Johnson Omboga.

Henceforth, a temporary injunction was issued by the court restraining the  NPSC commissioners and agents from barring Achoch from office. Other prayers being sought from the court were those restraining the NPSC from advertising and conducting interviews for the position.

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