The Employment and Labour Relations court has lifted the suspension of a clinical officers union leader pending the hearing and determination of a case in court.
Meru Governor Kiraitu Murungi’s administration will also pay Moses Baiyenia, the local branch secretary general of Clinical Officers Union, salary, emoluments and allowances during the period of his suspension.
“Interim orders are granted suspending the suspension of the petitioner and directing the 6th respondent (county government) to pay the petitioner his salary pending inter-party hearing on May 11,” Justice Nzioka wa Makau ordered.
The inter-party hearing will be through Skype.
Lawyer Kiogora Mugambi had petitioned the court to reinstate Baiyenia, who is his client.
The respondents are the county government, Deputy Governor Titus Ntuchiu, Health executive Misheck Mutuma, Health chief officer Kanana Kimonye, county secretary Rufus Miriti, and Meru Public Service Board.
The county assembly was enjoined as an interested party in the suit.
Baiyenia had told the court that he was suspended for airing his colleagues' grievances and that that did not amount to gross misconduct.
“I will suffer irreparable damage if the matter is not heard and determined expeditiously. I pray the court to nullify my suspension. The motive and purpose of my suspension is to interfere with my mandate as the secretary general.
"The respondents are not comfortable with me airing their shortcomings on shortage of health staff, failing to remit deductions, among others,” Baiyenia said.
In his March letter suspending the applicant, Kimonye said the unionist's actions were gross misconduct and insubordination, warranting dismissal.
“You are suspended from exercising your office duties from the date of this letter pending finalisation of your case. You will not be entitled to any salary,” he said.
The management decision followed a 14-day strike notice by health workers over risk allowances.
The union complained that some of its members have stagnated in one job group for eight years. It accused the county of employing health workers on contract.
- mwaniki fm
