Laikipia County has seven days to respond to an accusation by a doctors' union that it is frustrating an appeal to the Public Service Commission over the sacking of 61 doctors.
Justice Nzioki Makau of the Employment and Labour Relations Court on Monday agreed with the Attorney General that the county government and its County Public Service Board were frustrating the appeal filed by the Kenya Medical Practitioners, Pharmacists and Dentists Union.
“I order compliance with a request by PSC vide their letter dated November 12 and direct respondents to file within seven days all documents the PSC requires to expedite the hearing of the appeal,” Makau said.
Alex Muthuri, representing the AG, had complained that the county had not responded to a letter dated November 12, 2019.
“KMPDU, through its secretary-general, had on October 25 submitted an appeal against the County Public Service Board on the decision to dismiss doctors,” the letter read.
"To enable the PSC to consider and determine the appeal, you are requested to submit to CPSB to deliberate on issues raised.”
The commission said the submission should include certified copies of board minutes and any other document related to the appeal.
The respondents were required to respond to the notice in 14 days, according to a letter signed by Loise Wainaina of the PSC.
KMPDU had on Monday submitted through lawyer Adgar Washika that there was a deliberate attempt by the county to delay the process.
Last year, the court allowed KMPD to file judicial review proceedings challenging Laikipia County on the sacking the 61 doctors who had gone on strike in June.
KMPDU South Rift branch secretary Davji Bhinji Atella said the county terminated the medics employment unprocedurally.
“The actions were guided by malice as the respondents have subsequently purported to withdraw termination letters of 26 doctors in a posting order dated June 28, 2019,” Atella said in an affidavit.
County secretary Karanja Njora said the doctors were lawfully and fairly sacked for absenting themselves from their work stations.
He said that before the termination, the doctors were warned they would face disciplinary action should they continue engaging in the strike.
“The respondents moved to court seeking orders on the strike. The orders were issued in favour of the respondents and the strike was declared unprotected and illegal by the court. The doctors disobeyed the order and never resumed duty or reported to their stations,” Njora said.
