Doctors have lodged a fresh application at the High Court seeking to have Health Cabinet Secretary Mutahi Kagwe jailed for six months for disobeying orders stopping military takeover of the Kenya Medical Supplies Authority (Kemsa).
The Kenya Medical Practitioners and Dentist Union(KMPDU) wants Kagwe jailed alongside Mary Mwadime who chairs the Kemsa board and acting CEO John Kiumi Kabuchi for failure to honour the orders issued November 9 last year.
Through their lawyer, Henry Kurauka, KMPDU accuses Kagwe and Kemsa officials of continuing to disobey the orders.
“The said government officials ought to be cited and committed to jail for contempt of court orders issued on November 8, 2021 by Judge Kebira and extended by Lady Justice Maureen Onyango,” Kurauka said.
According to doctors, they also suspended the termination of the doctor’s employment without following due process and allowing KDF and National Youth Service to take over the institution’s activities.
The doctors said that on November 8 last year, Judge Ocharo Kebira granted conservatory orders restricting Kemsa, Health CS, Attorney General and Labour CS from declaring redundant or terminating the services of KMPDU’s staff and replacing them.
Kurauka added that those orders were extended till February 22 when a judgement will be delivered.
He said Kemsa and the said ministries were restrained from replacing those staff with the people from KDF and NYS.
Kurauka further said that every person or state organ is obligated to obey court orders and respect them and the court should punish those who are disobeying court orders.
He claimed the respondents were served with the orders on November 9 last year and an affidavit of service was filed on November 17.
The lawyer added that some of the KMPDU members have been sent home for 45 days and have been told they will receive calls which is against staff rules and regulations that forbids more than 15 days accumulation of leave days annually.
Kurauka said 29 doctors have been affected by the decision by the board to send them on compulsory leave.
“The applicant contends that the purported decision amounts to contempt of court,” he added.
Last week, more than 20 senior managers at the Kemsa were sent on 45 days of compulsory leave after a meeting held by the Board of Management.
The managers were sent packing two weeks before a February 24 court ruling on a case challenging intended sacking of over 900 Kemsa staff following the Sh7.8 billion scandal involving purchase of items for use during the Covid-19 pandemic.
Through a notice, Kabuchi directed the managers to fill out leave forms by Friday and submit them to his office.
“Following the meeting held with the board earlier today, you are hereby notified that the completed forms should be dropped in CEOs office by the close of business on February 10. Those yet to collect their leave forms should collect their forms from the office as well,” the managers were directed.
Immediately, the board appointed other members of the staff to hold the senior positions on a temporary basis.
Operations at the medical supplies firm have now been taken over by 10 officers from the Ministry of Health, six from the Moi Teaching and Referral Hospital (MTRH), two representatives from the ICT Authority and one representative from the Attorney General’s office.