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Court suspends state's plan to deduct rent from salaries of cops after Omtatah s application

Justice John Mativo allowed Okiya Omtatah's application.

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by ANNETTE WAMBULWA

News09 August 2019 - 17:46
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In Summary


• Justice John Mativo allowed Okiya Omtatah's application.

Activist Okiya Omtatah leaving Milimani law court.

The High Court has temporarily suspended the government's plans to deduct rent from cops' salaries who reside on police quarters.

Justice John Mativo on Friday allowed Okiya Omtatah's application and granted him the orders against the state.

"That pending the inter-partes hearing and determination of the application, the Honourable Court issues an interim order suspending the implementation of the document from Vigilance House REF: SECPOL.1/2/15 VOL. XLII/ (128) dated 2nd August 2019 and subtitled Updated Housing Occupancy Data and stating in part that officers residing in police quarters will be deducted market rent rates W.E.F. August 2019," the order reads.

The deductions, if implemented, will be in arrears and will include some officers being deducted six months rent and others three months.

The judge directed Omtatah to serve the application to all the parties in the case and the case will be heard on August 27.

Omtatah had pleaded with the court to give him conservatory orders arguing that the state planned to start deductions at the end of August.

He argues that the notice to charge document issued by the state violates the undertaking they made to the Court vide their letter of February 14, and the subsequent consent the parties recorded in this Court on February 15.

He said he only learnt of the letter on Friday morning and decided to move to court swiftly "in a bid to stop violations of the law against the affected police officers".

He wants the court to quash the document issued on the deductions of rent because it's illegal.

In February, the state gave the court an undertaking that they will not effect the salaries deductions pending the finalisation and report on economic market rent.

Justice Chacha Mwita recorded the consent between Omtatah and the Ministry of Interior and both parties agreed to suspend the deductions

However, the ministry issued a notice written by Deputy Inspector General Peter Ndung'u saying that the deductions will start end of August.

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