A blind officer who was dismissed from police force on medical grounds is now demanding Sh20 million from the government as compensation for discrimination. Duncan Waga, who was recruited in 1986, says the decision to send him home because of his disability violates his right to equality before the law and robbed him of a chance to earn a living.
Lawyer John Chigiti for the officer told Justice David Majanja it was time police standing orders were put in tandem with human rights to ensure that the rights of persons living with disabilities are not trampled upon. The government has denied violating any rights of Waga, saying it is within the provisions of the law for an employer to send an employee home on medical grounds.
State counsel E. Kakoi said for one to qualify to be a police officer, he or she ought to have good vision. He also urged the court to dismiss Waga’s case, terming it a private dispute which does not raise any constitutional issues. According to the state counsel, Waga’s case should be placed before the Industrial Court that deals with disputes between employers and employees on terms of service.
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