KRA DISCIPLINARY CASES 2004-2005 - Kenya Revenue Authority

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2.6.2 Case Number: MISC/5/07/2005 & 7/09/2004 Department: ROAD TRANSPORT /CUSTOMS SERVICES Station: MOMBASA CHARGE: DESERTION/VACATION OF OFFICE CONTRARY TO SECTION 17(a) OF THE EMPLOYMENT ACT CAP 226 AS STATED IN SECTION 4.1. OF KRA CODE OF CONDUCT PARTICULARS OF OFFENCE An officer attending a conversion course at KRATI Mombasa requested for permission to visit a sick spouse. Two months passed without the officer returning to class or communicating to the office. In a similar case another officer applied for leave of absence to join the spouse in the USA. The officer did not resume duty as expected nor communicate to the office. A third officer applied to proceed on annual leave but did not resume duty upon expiry or communicate to the office. It was held that the absenteeism was unauthorised and the officers were considered to have deserted duty. PENALTY: The three officers were dismissed for desertion/forfeiture of appointment. _____________________________________________________________ 3. COURT CASES Where KRA employees are arrested by police, Kenya Anti Corruption Commission, the Anti-Banking Fraud Unit or any other body and arraigned before court, the Authority as laid out in Section 9 of the Code of Conduct shall not be deterred by the court proceedings to take disciplinary action against the officer, neither will acquittal or any other outcome of proceedings be binding to the Authority. Further as per Section 17(f) of the Employment Act CAP 226 Laws of Kenya and, as stated in section 4.1 of the KRA Code of Conduct, the Authority may dismiss an employee “ If, in the lawful exercise of any power of arrest given by or under any written law, an employee is arrested for a cognisable offence Disciplinary cases Page 12 of 13
punishable by imprisonment and is not within ten days either released on bail or on bond or otherwise lawfully set at liberty”. _____________________________________________________________ 4. DURATION OF CASES As stated in sections 6.A.(h) and 6.B.(g) of the Code of Conduct, the Authority will endeavour to finalise cases possibly within three months by ensuring that exhaustive investigations are carried out even before an officer is charged with an offence. However, in certain circumstances where the process cannot be completed within the three months, the Commissioner General may at his discretion extend the period depending on the circumstances. 5. CONCLUSION The Authority is committed to creating enabling environment for all staff to pursue a fulfilling career within the Authority and thus contribute with pride to the building of the nation. The Authority calls on all to uphold and live by our vision which stipulates that “It is our Vision to be the Leading Revenue Authority in the World respected for our Professionalism, Integrity and Fairness”. Disciplinary cases Page 13 of 13
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Page 5 and 6: Two Customs revenue officers irregu
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KRA DISCIPLINARY CASES 2004-2005 - Kenya Revenue Authority

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