NAIROBI, Kenya Nov 8 -The High Court has issued orders temporarily suspending the military take-over at the Kenya Medical Supplies Authority (KEMSA) pending a case filed by the Kenya Medical Practitioners and Dentists Union (KMPDU).
The orders issued by Employment and Labour Relations court Judge Ocharo Kibera also restrains KEMSA from sacking their employees pending hearing and determination of the application.
“A conservatory order is issued restricting Kenya Medical Suppliers Authority (KEMSA), Ministry of Health and Attorney General from declaring redundant, terminating the services of KEMSA members of staff and enlisting or employing active members of Kenya Defence Forces and National Youth Service (NYS) to take up positions occupied by those members pending hearing and determination of the application inter-partes,” the judge ordered.
The Union argues that KEMSA has threatened to undertake mass sacking of its more than 900 staff members.
“KEMSA has purported to enlist new staff from Kenya Defense Forces and National Youth Service contrary to the provisions of the constitution,” KMPDU said in seeking the conservatory orders.
The union argues that KEMSA did not follow the legal process while making the said decision nor were stakeholders including the ministry of health consulted.
According to KMPDU, many of its members were categorised by KEMSA as none-care staff which is “factually wrong, unfair, and unjust and there were no established criteria put in place to determine the core and none-care members.”
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