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Kenya: Widow Sacked Over HIV to Be Compensated
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The East African Standard (Nairobi)
14 February 2008
Posted to the web 13 February 2008
Judy Ogutu
Nairobi
A five-year battle for justice by a widow who was allegedly sacked after testing HIV positive could come to an end soon.
On Wednesday, there appeared to be light at the end of the tunnel for the widow, after it emerged that Homepark Caterers, Metropolitan Hospital and Dr Primus Ochieng were studying a proposal to settle the matter.
The mother of three set a precedent when she sued Homepark, her former employer, for alleged discrimination.
The woman, who was a former waitress at the firm, went to court to demand compensation from the three respondents, claiming she was sacked because of her status.
She wanted the firm to either reinstate her or pay damages for her unfair dismissal.
The applicant, who is named in the suit as JAO, claimed the doctor at Metropolitan disclosed to Homepark her medical test results, which had been conducted without her consent.
This, she argued through her lawyer, Mr Otiende Amollo, violated her constitutional right to privacy.
She also contended that her right to gainful employment was infringed upon by the dismissal.
The widow further accused the doctor of breaching his professional and statutory duty to counsel and to disclose her HIV status to her.
JAO was sacked on April 30, 2002, after working for the catering firm for eight years.
Her fight for justice began soon after, and she gave evidence in court, terming her life a misery.
"The company terminated my employment yet they knew that my husband was bedridden," she told High Court Judge, Justice Jacton Boma Ojwang, in 2005.
She has made frequent trips to the court to attend the trial.
Last year, her employer convinced a two-judge bench to allocate the case to another judge on grounds that Justice Ojwang' 'was biased'.
When the case came before Justice Hatari Waweru on Wendasday, it could not proceed because the widow was away.
Her lawyer said his client currently resides in her rural home in Nyanza and cannot travel to Nairobi because of insecurity caused by post-election violence.
The lawyer also told the judge the parties had commenced discussions, a proposal made and feedback was being awaited.
Homepark's lawyer, Mr Mweresa Eboso, confirmed that talks were underway, but said he was awaiting instructions from his client.
"My Lord, the matter is fairly old and the parties are anxious to get it disposed as soon as possible," said Eboso.
At this juncture, the judge noted that an out of court settlement would be the fastest way to dispose of the case.
The lawyer for the hospital and the doctor said as soon as he got instructions from his clients, the matter would be settled without going through trial.
Waweru gave the defendants up to March 10 to reach a settlement.
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The case will be mentioned on that day with a view of recording settlement.
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| Copyright © 2008 The East African Standard. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections -- or for permission to republish or make other authorized use of this material, click here. | |||||||||||||||||||||||||||||
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