The Employment and Labour Relations Court in Nairobi has suspended 59 new appointments in the Ministry of Health by the Cabinet Secretary (CS) Susan Nakhumicha.
Justice Byram Ongaya gave the orders to suspend the controversial appointments following a suit by Benjamin Gikenyi, a Nakuru-based doctor.
Moreover, in his lawsuit, Gikenyi named CS Nakhumicha, the Attorney General, and the Public Service Commission (PSC) as respondents in the case.
He also named fifty-nine health officers as interested parties.
“It is here- by, ordered that pending the determination of the petition and in view of the material on record and in particular the replying affidavit of Remmy Mulati (PSC Deputy Commission Secretary (Corporate Services), there shall be stayed and suspension of all appointments or deployments or variations conveyed in the first respondent (CS) internal Memo dated April 19, 2023, and titled reorganization of the Ministry of Health,” read the order.
Additionally, the court directed that the parties discuss and settle the issue outside court and enter consent.
Nevertheless, the matter is set for mention on November 15, for directions on judgment or for recording of compromise and further orders as may be appropriate.
In his suit, Gikenyi challenged the decision to establish new positions.
CS Nakhumicha Infringed PSC Mandate
He argued the Health Cabinet Secretary infringed the power and mandate of PSC in appointing the 59 health officers to newly created offices at the level of Director General of Health, Deputy Director General of Health, Directors, and Divisional Heads in Acting capacity.
Doctor Gikenyi further claims junior officers were put in supervisory positions to their superiors while some remain in an acting capacity.
According to the doctor, there was no merit in the various appointments made.
He gave an example of the appointment of Dr Patrick Amoth as the acting Director of General Health continuously for three years, saying it is contravention of the PSC Act.