Registrar of Trade Unions Esther Gicheha Wednesday handed the beleaguered Kabete MP George Muchai a lifeline.
She rejected Mr Muchai's removal as Central Organisation of Trade Unions (Cotu) deputy secretary general.
The registrar said Cotu violated its own Constitution and the country's labour laws, therefore Muchai's ouster was invalid.
In a letter dated October 21, the registrar said Cotu Secretary General Francis Atwoli failed to prove that Cotu's Executive Board gave Muchai an opportunity to defend himself.
She said the documents submitted to back Muchai's suspension did not have corresponding records to show he got the notice of allegations levelled against him.
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"Ambiguity surrounding the certificates of registered mail cast a lot of doubt as to whether the deputy secretary general actually received the said letters," said the registrar in her letter to Mr Atwoli and copied to Muchai.
The registrar added that she contacted the post offices in Nairobi to find out if the Cotu letter had been submitted or even passed through the post office but the Post Master General had no knowledge of the Cotu letter.
"A properly served registered mail should be straight forward and not subject to such an inquiry. The corporation cannot even account for the said letters. Notice must be seen to have been served without any shadow of doubt," said Muchai.
Knock off
The registrar attached correspondence between Muchai and the Post Master General in which she had tried to verify the letters that Cotu had submitted to the office to knock off Muchai from the Cotu records at the official registry. "I am not in a position to effect the change of officials as it is apparent Muchai may not have been served, hence denying him the opportunity to defend himself," the registrar said.
