Employment and Labour Relations Court Judge Nduma Nderi has made another ruling in favour of an employee in a case against the government.
Justice Nduma Nderi, popularly known for his order to award teachers a 50-60% basic salary increment in July, on Thursday, September 17, ruled that no work is more significant than humanity.
Charles Kinanga, a General Service Unit (GSU) officer, had been sacked in 2004 for leaving duty to attend to his sick wife.
Kinanga was on duty at the US Embassy in Gigiri when he go a call from his brother that his pregnant wife had developed complications.
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The officer the rushed to the hospital after seeking permission from his immediate boss who did not oppose.
He was later dismissed when he returned to the office after attending to his wife, who had a miscarriage; his appeal to the National Police Service Commission was unsuccessful.
Nduma Nderi found the dismissal unfair and inhumane.
“The petitioner has as a result suffered gross abuse and injustice at the hands of his employer emanating from a family tragedy, which resulted to the death of his child. It is the court’s considered view that a society that operates in total disregard to basic tenets of humanity; a community that completely lacks empathy for a fellow human being in the face of personal calamity and loss cannot be successful in its basic objectives that depend on the very humanity to succeed,” Justice Nduma Nderi’s ruling as quoted by The Standard.
There is no nature of employment or task that is so superior to the pain of a parent that has just lost a child, he said.
Nderi ordered the police service to reinstate Kinanga within 30 days as he had gone through a lot of misfortunes.
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