The Employment and Labour Relations Court has granted orders against the troubled Moi University for failure to pay over Sh53million due to doctors who are its employees.
Lady Justice Hellen Wasilwa of the Employment and Labour Relations Court granted Garnishee Orders Nisi attaching Moi University bank account domiciled at National Bank of Kenya (NBK) for failure to pay the dues owed to doctors.
The doctors are varsity employees and members of the Kenya Medical Practitioners Pharmacists Dentists Union (KMPDU).
Through Lawyer Henry Kurauka, KMPDU applied for Garnishee Orders in execution of the Decree granted earlier by Lady Justice Ngibuini that was issued by against Moi University.
Kurauka submitted to the court that the university has failed to comply with the orders of court requiring it to pay the doctors within 60 days.
The period granted by court expired on September 26, 2024.
The court has ordered National Bank of Kenya to secure the said sum of Sh53million in the University account pending the proceedings to make the said Garnishee Orders Absolute.
The matter is scheduled for directions before Justice Hellen Wasilwa tomorrow, November 19, 2024.
“On July 26, 2024, Hon. Lady Justice Ngibuini Mwaure granted the applicant have to proceed with execution if the respondent does not settle decreed sum within 60 days from the date of this order, the respondent have not complied with the court orders and ruling was duly served on August 22, 2024.” Kurauka says in documents filed in court.
He proceeded and urged the court to grant the orders that have so far resulted to the attaching Moi University bank.
“The applicant is entitled to Garnishee orders because Moi University / the judgement debtor who is the first respondent has failed to comply with the orders of this court by failing to pay a sum of Sh53,550,000 as per the letter dated September 4, 2024 and tabulations from Dr.Kamonzi Mulei who is the petitioner’s branch Secretary , North Rift hereof.” Kurauka said.
He told the court that the university had blatantly disobeyed the court orders and urged the court to ensure that the rule of law was adhered too.
Others sued alongside the university include Cabinet Secretary in the Ministry of Health Deborah Mulongo Barasa and the Cabinet Secretary in the Ministry of Labour and Social Protection Dr. Alfred Mutua.
Kurauka mentioned other serious constitutional obligation and invited the court to determine while granting the ruling.
While delivering the Judge, Lady Justice Hellen Wasilwa ordered that the bank be attached as requested.
“Reference to the order of this court dated November 12, 2024. I note that this order has an error and is amended accordingly to read that the order granted is the garnishee order Nissi being prayer No.(b) and not No.5 as the order reads application be heard inter parties on November 19, 2024 when National Bank is expected to appear as the Garnishee.
