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Former magistrate sues JSC over ‘unfair’ sacking, wants job back

Kenya News:

A former magistrate sacked over allegations of financial impropriety at her station has sued the Judicial Service Commission (JSC) for firing her.

Ms Beatrice Nyambune Mosiria wants JSC to quash her February 9 dismissal letter and reinstate her.

‘UNFAIR SACKING’

Through lawyer Tom K’Opere, Ms Mosiria accuses JSC of unfairly sacking her.

She was accused of withdrawing Sh541,000 from an account belonging to the Kapsabet Law Courts between July 2014 and April 1, 2015, contrary to government financial regulations and procedures.

Ms Mosiria had also been accused of receiving subsistence allowance of Sh333,000 on diverse dates for attending meetings in Nairobi, yet the payments vouchers are not supported by invitations to the meetings.

“JSC failed to follow its Act as a consequence of which Ms Mosiria has suffered gross injustice, unprocedural and unconstitutional dismissal from her employer whom she served with dedication for over 14 years,” said Mr K’Opere.

EMPLOYMENT

Ms Mosiria was first employed by JSC in 2003 as a district magistrate II and rose to the rank of a principal magistrate.

She received her interdiction letter from the Judiciary’s chief registrar on August 15, 2016, which required her to respond to the allegations levelled against her within 21 days.

Ms Mosiria claims the charges relate to a period she was out of office.

She also claims that she was vetted out by the Judges and Magistrates Vetting Board in March 2015 before she could seek a review. But was reinstated in March 2016.

EVIDENCE

Ms Mosiria alleges that in her response to the allegations, she had pointed out that an accountant at her station, who had primary information with regards to the said allegations, died through a road accident while going to attend the burial of a judicial officer in Kisii.

She faults JSC for refusing to provide her with documentary evidence it relied on when she requested for it on August 26, 2016.

The commission only called her on the phone on January 23 this year and asked her to attend a hearing the following day without prior notice.

HEARING

The hearing was postponed for three days after she asked for more time to provide evidence for her defence.

On February 10, JSC asked her to hand over all government property in her possession and complete requisite forms for leaving the Judiciary.

She says she has since learnt that the basis for the allegations against her was an audit report and she appealed to JSC, but it still dismissed her.

ATTEMPTED KIDNAP

In 2014, the former magistrate found herself in the limelight when a male university student attempted to kidnap her daughter.

At the time, the three-year-old was in her Eldoret residence with the house help when Hassan Oyiengo Obung gained entry into the house, pretending that she had sent him to fix an electrical fault.

The house help’s screams attracted neighbours who rushed to their rescue and severely beat up the suspect, before police arrived.

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