Tight Skirt Linda Okello’s bosses want case settled out of court

Corporal Linda Okello’s case may be settled out of court, a court heard on Tuesday.

Industrial Court judge Maureen Onyango told parties in her case to discuss on settling the matter out of court.

Lady Justice Onyango made this directive after State lawyer Paul Ojwang’ said Ms Okello’s matter is an issue which could be resolved out of court and that the sued parties could be allowed more time to respond.

However her lawyer said he could not readily confirm about going ahead with the proposal since Linda had not talked to him about an out-of-court settlement.

“We have no objection for the request for additional time for the National Police Service Commission, Inspector General of Police and his deputy to put in their response, I am limited as I have no instructions on settlement,” said Mr John Mbaluto.

RESPOND IN 14 DAYS

The judge ruled that Mr Ojwang’ should directly discuss with Mr Mbaluto on the proposal but the National Police Service Commission, Inspector General of Police and his deputy should respond to the case as required in 14 days.

“The National Police Service Commission, Inspector General of Police and his deputy are granted 14 days to file a response and to approach Linda’s lawyer directly to discuss out of court settlement before a further directive on September 22,” said Lady Justice Onyango.
Mr Ojwang’ faulted the media for blowing the case out of proportion.

“I am seeing there is something we can resolve. I believe I can persuade the National Police Service Commission, Inspector General of Police and his deputy to expunge the proceedings from the record, given that this issue was blown out of proportion by the media,” said Mr Ojwang’.

Linda had sued her bosses over un-procedural disciplinary proceedings taken against her for appearing on duty while untidy, contrary to the National Police Service Act, 2011, yet none of his supervisors had ever made complains with regards to her dressing.
She is seeking a declaration that the disciplinary proceedings against her alleged untidy mode of dressing, where she appeared at a function in a tight fitting skirt, were aimed at embarrassing her and done un-procedurally.

FAILED TO PRODUCE EVIDENCE

She claims that she was subjected to an unfair, unreasonable, skewed, flawed and unlawful inquiry into an alleged offence against discipline which was described as ‘orderly proceedings’.

She also alleges that all the four witnesses who testified against her failed to produce evidence that pointed to the default on her part or in support of the charges against her and instead exonerated her from any wrongdoing.

She further claims that the proceedings found no basis to defend herself but the presiding officer failed to dismiss the charge or acquit her as well as tell her when to expect it.

Although judge Onyango had on May 23 issued an order stopping the orderly proceedings which she, however, attended and is back on duty, she wants the court to declare the decision to put her on defense as erroneous and unlawful.

She also wants the court to quash the Occurrence Book (OB) entry of April 28, the charge sheet and the orderly proceedings, besides the sued parties being barred from punishing her.

She claims put these put her in an uncertainty and was a continued violation of her rights.

-nation.co.ke