Adventist soldier sues KDF over Saturdays

TUESDAY, JUNE 11, 2013 - 00:00 -- BY JILLO KADIDA

A former army officer sacked and detained for 42 days for declining to work on Saturday which is considered the Sabbath by the Seventh Day Adventist church has sued the government citing violation of his rights.

Polycarp Miyogo Nyakora worked as a serviceman from 2002 until December 2012 when he was discharged. He says that he was discharged after he insisted on observing the true Sabbath day.

The Ministry of Defence is yet to respond to the claims. Nyakora says that for the ten years he worked with the military, he always sought permission in advance to go to church whenever he had been assigned duty on Saturday.

He told the court that he always attended church service on condition that if a distress call was made, he would be able to respond. His said his troubles began when on May 31, 2012 he sought permission to be absent from duty on June 2, 2012 for his usual day of worship.

His immediate boss, a sergeant, declined to grant him permis- sion. Aggrieved by the decision, Nyakora sought the intervention of a senior rank- ing officer.

He reported the incident to a warrant officer 1 who in turn promised to follow up the issue with the sergeant. When attempts by thewarrant officer to plead Nyakora’s case failed, the serviceman sought audience with a senior air traffic control officer who referred him back to his immediate boss.

Nyakora told the court that he then asked if one of his colleagues could stand in for him so that he could go to church but this too was refused by the sergeant.

Nyakora said he wondered why his boss refused to allow a colleague to stand in for him when he had on several occasions been called upon to stand in for others who were supposed to be on duty but who for various reasons needed to take time off.

Nyakora admits that after all attempts to get permission to go to worship failed, he still proceeded to church and reported to work in the evening. On his return, he was informed he had been discharged for absconding duty.

He was also punished with a pay cut equivalent to six days salary. Nyakora claims he was given manual labour punishment which he was forced to do on Saturday, his day of worship.

Nyakora says that while on manual punishment, he defied orders and attended church on two other occasions which saw him punished with 42 days confinement. He believes the confinement and sub- sequent discharge from service were a violation of his rights and is demanding compensation. Nyakora also wants a declaration that the 42-day confinement with a salary cut were illegal.

Also sought is an order that he be entitled to pension as he was willing to serve until his retirement but was discharged unlawfully. The Ministry of Defence is expected respond to the allegations before the hearing dates can be allocated.


Source: http://www.the-star.co.ke/news/article-123783/adventist-soldier-sues-kdf-over-saturdays#sthash.ZEfYn51U.dpuf

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