Drunken Kangundo prosecutor deserves empathy

By Armstrong Rono

Kenya: Watching TV news featuring the drunken Kangundo prosecutor, I cringed due to lack of understanding and empathy by the reporters, the demonstrators and worse the Director of Public Prosecutions (DPP).

The prosecutor looked bewildered, confused and sick. He may be suffering from chronic alcohol addiction hence did not deserve the exposure and unkind treatment.

Alcoholism is a chronic continual drinking or periodic use of alcohol, which is exemplified by impaired control over drinking, frequent episodes of intoxication, and preoccupation with alcohol and the use of alcohol despite adverse consequences. From the accusations, the officer exhibited the above symptoms.

Instead of condemning the officer and advocating disciplinary action, the DPP should have silently recommended the officer for addiction treatment and rehabilitation in tandem with Kenya Government policy.

I fear the DPP is unaware that all workplaces are supposed to have alcohol and drug abuse (ADA) policies and Employee Assistance Programmes (EAP) that include education, counselling, treatment and rehabilitation, research and ADA committees.

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Indeed all workplaces are supposed to send reports to Nacada on quarterly basis. ADA is an indicator for the Public Sector Performance Contract Guidelines.

Addiction is a disease and as such constitutes a disability under the Persons with Disabilities legislation.

The law expressly excludes as disabilities dependencies on drugs and alcohol, but it will include any mental or physical illnesses arising from them such as depression or kidney failure.

Dismissal would become discriminatory if not justified according to the normal principles. An employer has a duty to accommodate to the point of hardship.

 In this case, the buck stops with the IG who is supposed to institute genuine ADA programmes in the police force. After all, the reason his officers are quick on their triggers whenever they quarrel over girlfriends can be attributed to substance abuse.

The rationale for addressing alcohol and other drug related harm in workplaces is based on the recognition that most people are in employment and many people consume drugs, particularly alcohol.

Consequently, the workplace is likely to reflect the alcohol and other drug issues experienced in the general community. Alcohol and other drugs burden individuals, industry and society in terms of health, social and economic costs and as such signal a major public health problem.

Substance abuse has been related to negative occurrences in the workplace such as stress, monotonous work, shift work, work requiring relocation and the frequent changes in co-workers and supervisors.

Even though alcohol and drug abuse occurs in the context of family and the wider society, the workplace offers prospects for early detection, intervention and psycho-social support for employees. Consequently this benefits the employer, the family and the community at large.

Addiction treatment ensures the employer reclaims a valuable, grateful and newly motivated employee, and obligations are fulfilled in support of dismissal cause. Moreover the cost of recruiting and training a replacement may be greater than the cost of allowing someone to get treatment.

Compulsory treatment comes from violation of workplace ADA policy or incident that puts the employee, coworkers and/or the public at risk. Of course the employer cannot condone the behavior, but there is a duty to accommodate the employee’s disability.

The employee must comply with treatment requirements, or will be subject to termination. An expert assessment is necessary. It is critical to observe behaviour not personal problems.

Recovery is real and sustainable for a lifetime when you understand the nature of the disease. Employers should treat addiction as a complex disorder, and demonstrate the compassion that has been lacking in the past.

The writer is a drug abuse Consultant and Chairman, Kenya Association of Addiction Counselors.