All 409 fired health workers from Taita Taveta can appeal to the County Public Service Board, Health executive John Mwakima has said.
The workers were fired for taking part in the national strike that has since been called off.
They went on strike since December 7, protesting over delayed salaries, promotions, and non-remittance of statutory and other deductions.
On Tuesday, the Employment and Labour Relations Court in Mombasa ordered the laid-off medics to send appeals to the board within seven days.
Justice Byram Ongaya in a case between the Kenya National Union of Nurses and the board further ordered the union to pursue appeals against the CPSB.
“By consent, nurses who have not appealed against dismissal are hereby required to do so,” the order reads.
Mwakima however said the employer was willing to reinstate the fired nurses only after appealing the earlier decision.
“The court was clear that the fired health workers have to willingly appeal for consideration. Only those interested will be reinstated,” Mwakima told the county assembly Committee on Health.
He said most of the nurses had declined to appeal even after being interdicted.
So far, he said, more than 20 nurses had already resumed work after their appeals against their sacking were approved while 15 others have presented their appeals.
He accused the medics of insubordination and failing to adhere to orders by the county secretary.
He said, nearly all their demands had been met, yet they refused to call off the strike forcing the devolved unit to lay them off.
“The decision to fire them had been made for participating in an illegal strike that amounted to an absconding of duty without lawful cause,” he said.
The executive further defended the county’s decision to kick out fired nurses who occupied staff houses within the health facilities.
He said the department was creating room to host newly recruited workers who were engaged to replace the shortage.
“Ideally, the staff quarters are meant for county workers. The nurses ceased being our employees the day they were laid off. A notice to vacate the houses had early been issued,” he said.
They were requested to have left the government houses by February 5.
The department came under sharp criticism last week for kicking out at least 69 nurses and their families from government staff quarters after the two-week notice to vacate expired.
The evicted health workers termed the operation brutal.
County assembly’s Health Services committee chair Ormar Ahmed pleaded with the medics to put aside their personal demands and rescue the department.
He said residents were suffering due to the prolonged strike. Most people are unable to afford medical services from private hospitals, he said.
Edited by Kiilu Damaris
