The Kenya Medical Supplies Authority has been barred from employing the military or the National Youth Service to oversee its operations by the Employment and Labour Relations Court in Nairobi.
In a case brought by the Kenya Medical Practitioners, Pharmacists, and Dentists Union, Justice Ocharo Kebira barred Kemsa from designating its employees redundant or terminating their services (KMPDU).
“A conservatory order is issued restricting the respondent from declaring redundant or terminating the services of first respondents (Kemsa) members of staff and enlisting or employing active members of KDF and NYS to take up position occupied by those members pending the hearing and determination of application inter partes,” Justice Kebira ruled.
KMPDU, through its secretary-general Davji Atellah, filed a lawsuit in court to prevent the agency’s impending takeover in the guise of restructuring and reforms.
Health CS Mutahi Kagwe, Attorney General Kihara Kariuki, and Labour CS Simon Chelugui have all been sued by the union.
They argued that Kemsa plays a critical role in providing human resource capacity towards the realization of Universal Health Care (UHC).
“The respondents have threatened to unilaterally undertake mass sacking of the first respondent’s members of staff.
In the petition, the union argued that Kemsa is not in a state of emergency to have it manned by KDF, and that the government breached Article 241 of the constitution.
