• The authority said it may declare all its 900 workers redundant.
• It also ordered all non-core staff to work from home for the next 30 days pending a review of their positions.
Image: ANDREW KASUKU
Doctors have sued to stop Kemsa from sacking medics working at the medical supplies authority following planned restructuring.
The Kenya Medical Supplies Authority board last week announced plans to lay off an unspecified number of employees under a new structure installed in the wake of the scandal linked to the purchase of Covid-19 items.
The authority said it may declare all its 900 workers redundant. It also ordered all non-core staff to work from home for the next 30 days pending a review of their positions.
But doctors say the actions of the board have infringed on the rights of its members who work at the authority.
In a petition filed at the Employment and Labour Relations Court on October 5, the Kenya Medical Practitioners, Pharmacists and Dentists Union wants the court to issue orders restraining Kemsa from declaring redundancy or terminating the services of the union’s members.
Kemsa is listed as the first respondent and Health CS Mutahi Kagwe as the second respondent.
Attorney General Paul Kihara is the third respondent, with Labour CS Simon Chelugui listed as an interested party.
The case has been filed by lawyer Henry Kurauka under a certificate of urgency.
KMPDU also wants Kemsa restrained from enlisting or employing Kenya Defence Forces members and their colleagues from the National Youth Service.
KMPDU secretary general Davji Atellah asked the court to expeditiously hear the petition, saying the doctors were facing unfair and unjust termination of their services.
Kemsa has about 900 employees, according to board chairperson Mary Mwadime. KMPDU says it has 10 doctors working at the medical supplies authority.
“The respondent has threatened to unilaterally undertake mass sacking of members of staff and purported to enlist the services of personnel from KDF and NYS to take over and manage operations at Kemsa contrary to the law. The respondent’s purported actions are irrational, unreasonable, capricious, unfair, unjust, unlawful, illegal and unconstitutional and amenable to judicial intervention,” the affidavit filed in court says.
The union says listing KDF to work at Kemsa breaches provisions of Article 24 (5) (d) of the Constitution that limits KDF's role to the defence and protection of the sovereignty and territorial integrity of the Republic of Kenya.
It says it is wrong to enlist the services of KDF in the absence of situations of emergency or disaster.
Kemsa hit the headlines for the wrong reasons last year following allegations that it procured low-quality items, inflated prices of others and engaged in fraudulent dealings.
The scandal led to the removal of its board.
In a memo sent to staff on Thursday last week, Kemsa said it will review the positions of all employers to establish if they fit its new organisation structure.
“This letter serves as the official one-month notice that your position may be affected and made redundant,” the letter read. It was signed by acting CEO Edward Njuguna.
“The said exercise may lead to some or all positions as presently constituted being rendered redundant," he added.