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KEMSA is the main government agency that purchases drugs and all health-related equipment for the national and county governments.

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Doctor moves to court to block KEMSA military take-over and staff layoffs

NAIROBI, Kenya Nov 5 -A Nakuru-based medic has moved to court seeking orders to block the military take-over of the Kenya Medical Supplies Authority (KEMSA) and the impending layoffs of more than 900 staff.

The KEMSA staff were handed letters on Thursday by the board of management, which asked them to proceed home to away further instructions after handing over their stations in what has sparked mixed reactions in the country.

“That on 4th November 2021 through a press release the Chairperson [of the board Mary Chao Mwadime gave notice of general redundancy and directed all non-core staff to proceed on a 30-day leave so as to allow of what she called restructuring of the institution, a decision of which may lead to loss of jobs for over 900 employees,” the petitioner Dr. Magare Gikenyi  said, “That workers’ rights have been threatened.”

He said the planned military takeover is also illegal and wants the court to stop the process pending the determination of his case.

“The 2nd respondent’s action of inviting other staff like the Kenya Defense Forces(KDF) and National Youth Service while sending other staff home is ultra vires and unconstitutional,” he said, and described it as militarization of state corporations “which is neither legal nor a good idea in a country governed by constitutionalism and a rule of law.”

He also wants a conservatory order issued against the takeover by the National Youth Service (NYS) and an order maintaining the status quo.

Listed as respondents in the case is the Attorney General, KEMSA board of directors and the Ministry of Health.

The Kenya Medical Practitioners, Pharmacists and Dentists’ Union (KMPDU) has also called for the suspension of the notice of redundancy, and vowed to oppose the military takeover.

“That the purported restructuring as communicated by the KEMSA Board chair and the general notice of potential redundancy sent to KEMSA staff be suspended to allow for further engagement of stakeholders including the unions and professional associations,” KMPDU Secretary General Davji Atellah said.

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The Senate has also demanded an explanation from Health CS Mutahi Kagwe with the Law Society of Kenya (LSK) President Nelson Havi  terming the move “null and void”.

The KMPDU further urged the KEMSA Board to speed up the process to end the funds misuse as documented in the report of the Auditor General on KEMSA for the year ended 30 June 2019 that indicated that Sh419 million project funds could not accounted for with an additional Sh 76.5 million spent on the constriction of the KEMSA ultramodern warehouse and office block at Embakasi also unaccounted for.

“That National government and County governments pay all their outstanding bills at KEMSA that currently stand at KES 3.99 billion which is 85% of the KEMSA budget for the financial year 2020/2021 of KES 4.665 billion,” KMPDU said.

The KMPDU further urged KEMSA to employ more pharmacists to forestall further wastage in dead/obsolete stock and expiries.

In early July, a multi-agency Taskforce was formed to provide an independent operating recovery strategy for KEMSA to facilitate organizational effectiveness. The KEMSA Immediate Action Plan and Medium-Term Reforms Working Committee (KIAPRWC) comprised a panel of local public service administration experts backed by international counterparts drawn from the World Bank and the Africa Resource Centre.

In the wake of COVID-19 supplies scandal, KEMSA Chief Executive Officer Jonah Manjari and top Procurement and Finance officials were suspended for investigations but they are yet to face charges.

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