Former Judge Sues CJ Maraga After Sacking Based on HIV Status

  • Chief Justice David Maraga Twitter
  • A former magistrate has filed a lawsuit against Chief Justice David Maraga-led Judicial Service Commission (JSC) over her sacking.

    Through her lawyer Jason Okemwa, the magistrate seeks re-reinstatement claiming that the JSC dismissed her in 2016 after disclosing she was HIV positive.

    The magistrate, whose identity was concealed, further claimed that she has been suffering financially after her dismissal while serving an interdiction on half salary.

    (The interdiction) was inconveniencing and her termination was insensitive, unfair and was a death penalty as her support was completely cut off,” Okemwa told the court.

    Red ribbon used in HIV campaigns

    The Employment and Labour Relations Court (ELRC) Judge Byram Ongaya, after receiving the application, ruled the case as urgent.

    The pre-trial hearing of this case will be February 7, 2019, before any judge in the ELRC division,” stated Justice Ongaya.

    The magistrate disclosed that she was infected by her husband who had been introduced to her by her pastor.

    She was later dumped with two children that were both HIV positive and have since passed on.

    She now appeals to have her constitutional rights enforced accusing the JSC of confiscating her health cover and all cards.

    The Supreme Court of Kenya