Court: Musau can sue KNH for contempt

July 31, 2008 12:00 am

, NAIROBI July 31 – The High Court has allowed former Kenyatta National Hospital Director Florence Musau to file contempt of court proceedings against her past employer.

Justice Joseph Nyamu gave Dr Musau the nod after she alleged that the Minister for Public Health and the Hospital’s board failed to reinstate her, despite a court order issued in January last year.

She claims that Kenyatta National Hospital (KNH) has also refused to pay her dues and allowances in compliance with the court’s order and instead arbitrarily retired her last December.

Dr Musau was suspended over allegations that she was irregularly paid over Sh1.6 million as sitting allowances before her retirement.

She now argues that the hospital, through its lawyer, had given an undertaking that it would reinstate her, but has not done so to date.

“On October 18, 2007, the contemnors, through their advocates gave an undertaking to maintain the status quo, to wit, the applicant (Dr Musau) would remain and be remunerated as Director and not be retired,” the court papers read.

The doctor  moved to court in January last year seeking judicial review orders to quash her suspension and block the Minister and the Hospital’s board from interfering with her job.

The hospital, later in July the same year, attempted to retire her but she managed to get a court injunction.

The former director now avers that the Minister for Public Health, Kenyatta National Hospital and its acting Chief Executive Officer, Dr Jotham Micheni have blatantly scandalised the court by their actions.

“The actions of the respondents (KNH and the Minister) are meant to insubordinate the order of their court and to circumvent justice,” she argued.

The case has been fixed for hearing on September 23, and she is praying that the contemnors ought to be denied audience during hearing.


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