BY SAM ALFAN.
High Court has blocked Kenya Defence Forces(KDF) and National Youth Service(NYS) from taking over mandate of civilian at Kenya Medical Suppliers Authority (KEMSA).
Employment and Labour Relations court Judge Ocharo Kibera restrained KEMSA from sacking their employees pending hearing and determination of the application lodged by Kenya Medical, Practitioners, Pharmacist and Dentist Union (KMPDU).
“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 interparties”, ordered Judge Kibera.
This is after Kenya Medical, Practitioners, Pharmacist and Dentist Union (KPMDU) moved to court seeking to restrain the government from sacking employees of Kenya Medical Suppliers Authority (KEMSA).
In a certificate of urgency, KMPDU also wants the government restrained from employing active members of Kenya Defence Forces and National Youth Service (NYS) to run the operations of the agency, pending the determination of the case.
The Union argues that KEMSA has threatened to undertake mass sacking of its staff members. Court documents stated that KEMSA has over 900 staff and 10 are its members.
“KEMSA has purported to enlist new staff from Kenya Defense Forces and National Youth Service contrary to the provisions of the constitution,” says the lawyer.
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 the 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.
They further argue that the Board announced last Thursday that the operations will be managed by few members of the staff and other government agencies which includes KDF and NYS.
