Jail Kagwe for disobeying court orders, say doctors

They argue he failed to stop military takeover of Kemsa

In Summary
  • Through their lawyer, they said Kemsa and two ministries (Health and Labour) were restrained from replacing staff with the people from KDF and NYS.
  • The lawyer further said 29 doctors have been affected by the decision by the board to send them on compulsory leave.
Health CS Mutahi Kagwe
Health CS Mutahi Kagwe

Doctors have asked the High Court to commit Health CS Mutahi Kagwe  to six months civil jail for disobeying orders stopping military takeover of the Kenya Medical Supplies Authority.

The Kenya Medical Practitioners and Dentist Union wants Kagwe jailed alongside Mary Mwadime who chairs the Kemsa board and acting CEO John Kiumi Kabuchi  for failure to honour the orders issued November 9 last year. 

Through their lawyer, Henry Kurauka, KMPDU accuses Kagwe and Kemsa officials of continuing to disobey the orders.

They have also suspended the termination of the doctor's employment without following due process and allowing KDF and National Youth Service to taking over the institution's activities.

The doctors said that on November 8 last year, Judge Ocharo Kebira granted conservatory orders restricting Kemsa, Health CS, Attorney General and Labor CS from declaring redundant or terminating the services of KMPDU’s staff and replacing them.

“The said government officials ought to be cited and committed to jail for contempt of court orders issued on November 8, 2021 by Judge Kebira and extended by Lady Justice Maureen Onyango,” Kurauka said.

Kurauka added that those orders were extended till February 22 when a judgement will be delivered.

He said Kemsa and the said ministries were restrained from replacing those staff with the people from KDF and NYS.

Kurauka further said that every person or state organ is obligated to obey court orders and respect them and the court should punish those who are disobeying court orders.

He claimed the respondents were served with the orders on November 9 last year and an affidavit of service was filed on November 17. 

The lawyer added that some of the KMPDU members have been sent home for 45 days and have been told they will receive calls which is against staff rules and regulations that forbids more than 15 days accumulation of leave days annually.

Kurauka said 29 doctors have been affected by the decision by the board to send them on compulsory leave.

"The applicant contends that the purported decision amounts to contempt of court."


(edited by Amol Awuor)

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