Scales of justice and gavel/LexisNexis
NAIROBI, Kenya, Jul 25 – A director of a city restaurant has been charged in court for allegedly sacking a watchman three years ago over his HIV status and declining to pay him his dues.
Simon Njuguna Macharia of Sailors Bar and Restaurant, located in Nairobi’s Hurligham area was arraigned before Nairobi Chief Magistrate Francis Andayi on Tuesday with failure to pay an employee his wages.
He however denied the charge and was released on a cash bail of Sh40,000 or a bond of Sh100,000 pending hearing on August 17.
Two other directors, Racheal Kwamboka Mabera and John King’ori are still at large but the prosecution told the court that soon they will be apprehended and arraigned in court to face a similar offense.
According to a testimonial filed by the complainant, on July 25, 2014 the upmarket joint fired him after he failed to report to duty in order to go and collect his Antiretroviral drugs (ARVs) following doctor’s advise that he should not miss a single dose.
But upon explaining the same to his employer, he was informed that he could no longer continue working for them because of his HIV/AIDS status.
His appeal that he should not be relieved of his duties because of his health condition fell on deaf ears, and three days later he was verbally asked to leave his employment.
Aggrieved by the decision, he reported the issue to the Ministry of Labour where the employer was summoned thrice to attend a meeting but failed to show up.
Through a letter dated August 25,2015, the Ministry directed the eatery to pay him his salary and arrears amounting to Sh92,000, which it has since refused to reimburse.
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