NAIROBI, Kenya, Feb 15 – The Kenya Medical Practitioners and Dentists Union (KMPDU) has accused the Kenya Medical Supplies Authority (KEMSA) of breaching court orders by sending home of 29 doctors attached to it.
KMPDU says the actions by KEMSA is in contempt of a court order issued by Justice Ocharo Kebira who granted conservatory orders restricting it, Cabinet Secretary of Health, Attorney general, and Cabinet Secretary of Ministry of Labour from declaring redundant or terminating the services of KMPDU staff and replacing them.
In an interview with Capital Health, KMPDU Secretary-General Davji Bhimji noted that inasmuch as the restructuring of KEMSA is key to ensuring efficiency to the public, the right of workers must be protected.
“Seeing that their jobs were a threat and been forced to go on compulsory leave, this was happening in lieu of the existing conservatory orders. This prompted us to file under certificate of urgency a content citing the Ministry of Health (MoH), and the management Kenya Medical Supplies Authority (KEMSA),” said Bhimji.
The conservatory orders issued were extended until February 22 when a judgement will be delivered.
Bhimji further noted that the Doctors union is open for dialogue with KEMSA and the health ministry to ensure that the rights of the doctors are protected.
“If we have an assurance that worker’ rights will be protected, then we will still have a discussion with KEMSA as we have always had,” he noted.
KEMSA and the said Ministries were restrained from replacing the staff with the Kenya Defence Forces (KDF), and the National Youth Services (NYS).
Major reforms were last year initiated at KEMSA after coming under sharp focus since the COVID-19 Millionaires expose.
Following the expose, several senior officials were suspended, among them Chief Executive Officer Johan Manjari and others in the Procurement and Finance departments to facilitate for an investigation which is still pending with no prosecutions to date.
The doctors union further pointed out the rise in injustices to workers who are union members in the country particularly by county governments against court injunction.
Bhimji highlighted the termination of 35 specialists in Laikipia County in 2019 that is yet to be reinstated despite a court order to the county government to do so.
“The court order also called for the clear payment of their salaries from the time they were dismissed to the time they will be reinstated. The governor of Laikipia county Nderitu Mureithi has continually disobeyed these court orders” pointed out Bhimji.
To this effect, the doctors union filed under a certificate of urgency contempt of court order against the Laikipia Governor, to see to it that the doctors are reinstated for the residents to gain access to specialised medical services.
