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Wednesday, February 27, 2013

Ex-policeman seeks Sh20m over dismissal



 PHOTO/JARED NYATAYA  Furniture belonging to the Kenya Railways Staff Retirement Benefits Scheme is loaded onto a lorry after auctioneers raided their offices in Nairobi for failing to pay a debt of Sh9.7 million arising from a suit filed by one of the retirees who sued trustees of the scheme for not paying their pension on time, on February 10, 2012.
A police officer who was retired from the force due to physical disability is seeking Sh20 million compensation from the government.

Mr Duncan Waga claims that his services as a police officer were wrongfully terminated because he was visually impaired, a condition he says he suffered while in the line of duty.

Through lawyer John Chigiti, he told the court that the action was discriminatory, inhuman, degrading and contrary to constitutional provisions on human rights.

“There are people in the police force who are living with HIV and Aids and are still serving the force. It is discriminatory to single out people with disability for dismissal,” Mr Chigiti said.

Not accurately computed
He submitted that it was unfair for the police force to retire Mr Waga early without the compensation he deserved.

He said that the Sh640,000 package given to him as pension was not accurately computed because he still had 14 years to retirement.

However, the application was opposed by the Attorney-General who submitted that none of Mr Waga’s rights were violated since his retirement at an early age was provided for in the Police Standing Orders.

Through state counsel Edward Kakoi, the AG said the Police Standing Orders provide that a person who qualifies to serve in the force must be medically fit and have good vision and hearing.
Mr Justice David Majanja ruled he would give his directions on the case on March 19.

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