RELIEF FOR SACKED POLICE OFFICERS AFTER COURT ORDERS HER REINSTATEMENT.

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BY SAM ALFAN.

National Police Service has been ordered to reinstate a senior police officer who sacked six years ago after failing in the vetting process.

Employment and Labour Relations Judge Maureen Onyango directed NPS to reinstate Superintendent Regina Mutindi Mbithi, who was in charge of Highway Patrol Unit based at Traffic Headquarters Nairobi.

“An Order be and is hereby issued directing the immediate reinstatement of the Petitioner to her post as a Superintendent of the Kenya Police Service with effect from May 5, 2016 with all privileges and salary attached to her office; (d) Costs are awarded to Regina,” ordered the judge.

The court found that her fundamental rights and freedoms were violated following her dismissal and the Judge went ahead and quashed the entire proceedings and the decision of the NPS, which declared her having failed the vetting process.

In her court documents, Regina urged the court to quash the entire proceedings and the decision of the NPS declaring that she had failed vetting and had been discontinued from the National Police Service including the decision.

She also urged the Employment court to reinstate her to her post as a Superintendent of the Kenya Police Service as well as reinstatement of all her privileges in that position.

She also sought an order substituting the NPS’s decision with a declaration that there exists no material to find that she had failed vetting.

She averred that prior to her removal from service, she worked for the NPS as a Superintendent of Police and her last position was officer in charge of Highway Patrol Unit based at Traffic Headquarters Nairobi.

She added that that prior to the vetting interview, she was requested to fill a vetting questionnaire and avail certain vital documents including bank statements for the two years preceding the vetting exercise.

Regina was also required to table a copy of pin certificate and ID Card for the spouse, Tax Compliance Certificate, Curriculum Vitae and copies of educational and professional certificates.

She added that without being informed that there were any complaints or adverse allegations or documentary evidence in support of any complaints or allegations against her as required under regulation 18(2) of the National Police Service (vetting) regulations, she was invited to appear for a vetting interview before the NPS’s vetting panel.

According to her court documents, on October 9, 2015, the NPS, in a decision signed by all the commissioners, she was found to have failed vetting and proceeded to remove her from the Service.

The officer was found guilty of professional misconduct over an incident that involved her husband Wilfred Mbithi Jason (also a Police Officer) and a minor known as FMM.

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