The Employment and Labor Relations court has quelled the selection of three Kenya Medical Supplies Authority (KEMSA) board members by Health Cabinet Secretary Mutahi Kagwe last year.
According to the Employment and Labor Relations court, the appointment of Terry Kiunge Ramadhani, (Rtd) Lawrence Wahome, and Linton Nyaga Kinyua as members of the authority’s Board of Directors was not done in line with the Constitution.
However, the court dismissed a case by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) over claims on impending mass firing at KEMSA.
KMPDU argued that KEMSA had threatened to embark on mass sacking of more than 900 employees and allegedly recruit new staff from the Kenya Defence Forces (KDF) and the National Youth Service (NYS) contrary to the provisions of the Constitution.
Nonetheless, Lady Justice Maureen Onyango noted the petitioners did not table evidence in court to prove the existence of KDF or NYS officers at the KEMSA premises
Moreover, the court ruled that the application was speculative and pre-emptive, as none of KMPDU’s staff members could have been declared redundant.
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