By JUDY OGUTU
A police officer who was retired after he went blind is seeking to be paid Sh20 million as compensation.
On Thursday, Mr Duncan Otieno Waga told High Court Judge David Majanja that the sum would put him back to where he ought to be.
His advocate, Mr John Chigiti, told the court that when he left employment, he was paid Sh604,000 and the computation of the figures was not done to his expectation.
Waga who is challenging the decision to retire him on medical grounds argued that his services at the police force were terminated because of visual impairment and this was discriminatory.
The former police officer has sued the Attorney General saying no sound reason has been given to explain why he could not be allowed to continue serving in the force.
His case, he further argued, was of public interest as many officers in the force have suffered consequences similar to the one he is facing.
Law clear
In response, Mr E Kakoi for the State opposed the petition saying there was no violation of Waga’s rights.
His retirement on medical grounds, he argued, was what the law provided for and there was "no single procedural lapse on the part of the respondent to retire the petitioner on medical grounds".
The police standing orders, he added, provided that a person qualified to be a police officer ought to have good vision.
He also submitted that the police standing orders provide for retirement on medical grounds.
Kakoi further submitted that none of the prayers in the petition seeks to compel police to provide facilities for training and expertise to people with disabilities.
Private dispute
He argued that the case was a private dispute between an employer and an employee over terms of service.
"It (petition) does not raise any single constitutional issue for determination. The case ought to have been before the Industrial Court," he said.
He urged the judge to dismiss the petition.
The case will be mentioned on May 19.
