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Kenya: Man Wants His Job Back After 20 Years
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The Nation (Nairobi)
14 May 2008
Posted to the web 14 May 2008
Jillo Kadida And Richard Munguti
Nairobi
A man who was retired by a bank more than 20 years ago due to a mental condition wants to be reinstated after he was given a clean bill of health by Mathari Hospital.
Mr Erastus Kariuki Waiyaki was retired in 1987 on medical grounds at the age of 27 by Kenya Commercial Bank.
According to him, he was retired after it was discovered that he suffered from schizoaffective illness (a manageable mental illness).
Gauge fitness
A person may manifest impairments in perception or expression of reality, in the form of auditory hallucinations, paranoid or bizarre delusions or disorganised speech and thinking.
When Mr Waiyaki went to Mathari Hospital for the second time, the medical board recommended he be reinstated for a year then his case be reviewed to gauge his fitness or otherwise.
The medical board's letter was forwarded to the bank but nothing was done, he says.
He now says his retirement was premature as it did not await the final word from the director of Medical Services.
After 18 years of retirement he lodged complaints against his former employer with the Kenya National Commission on Human Rights.
The commission requested the bank to reinstate the man or compensate him. KNHCR also asked the bank to present its side of the story before it.
The bank has however gone to court seeking to stop the commission from further hearing the matter.
It says KNHCR is in breach of principle of proportionality by entertaining Mr Waiyaki's complaints, judges Joseph Nyamu, Roselyne Wendoh and George Dulu were told.
In another case, the High Court heard that a watchman was stripped and castrated before being lynched for allegedly stealing maize cobs from a farm in Kiambu District two years ago.
Mr Justice Onesmus Mutungi heard that Abel Momanyi was tethered to a telephone post and castrated with a pair of pliers by a woman who, alongside a couple, is now facing a murder charge.
Deaf ears
The guard went through the harrowing experience and his pleas fell on deaf ears as a mob of about 20 people bayed for his blood.
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The court heard that Ms Dorcas Njeri Wambui Kang'ethe held the private parts of the deceased with the pliers as he pleaded for mercy.
Witness Misiga Fred Misaki from Mbale, Uganda, who is a tea picker, said he pleaded with Mr David Mungai Kinyanjui (accused) not to let Mr Momanyi die in the hands of the mob but take him to the police.
Mr Kinyanjui, his wife Teresia Njeri and Ms Kang'ethe are charged with murdering Mr Momanyi at Githongi in Nyanduma on July 30, 2006.
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