Uhuru's CS ordered to pay Sh15 million in controversial case
The CS was found guilty of breaking the law
Defence Cabinet Secretary Raychelle Omamo and her ministry have been ordered to pay Polycarp Nyakora who lost his job in 2012 over Sh15 million for wrongful dismissal.
The court further ordered that the petitioner be paid the amount, which should include exemplary damages of Sh3 million, general damages for lost earnings for 12 months be computed and filed in court within 30 days.
According to the court, the sacking of Polycarp Niyogo Nyakora in 2012 was unlawful and violated his rights to worship.
“The court has found that the petitioner’s right to free worship was violated and malicious prosecution and false imprisonment that was meted on him is unconstitutional” Justice Nduma Nderi noted.
The matter which was filed through Omwanza Advocates law firm in 2013 indicated that the victim was sacked from the force even after he had served for 10 years.
The court heard that the complainant was not allowed to worship on Saturday – his religion being SDA - by his superiors at the Technical transport Wing. He complained that he did not understand why his employer could curtail his freedom of worship.
Speaking while making his ruling, Nairobi’s Employment and Labour Relations Court Justice Nduma Nderi said that employers must try to accommodate the religious needs of its employees and adjust the requirements for them to worship freely.
Justice Nderi also said that religious and observance of a day of worship even for the people in the KDF or National Police Service cannot be limited.
The court further directed that the petitioner be treated as an ordinary retiree and be paid lumpsum and monthly pension as per the KDF Act. He will be accorded heavy monthly packages as would be the case if he retired normally.
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