The Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU) has gotten a boost in a case against Moi University involving five doctors whom the University excluded from call allowances.
On Monday, November 18, the Milimani Labour Relations Court issued a garnishee order for the owed money amounting to Ksh53 million to be recovered. A garnishee order is a legal directive issued by a court requiring a third party to redirect funds owed to a debtor toward satisfying a debt owed to a creditor.
According to KMPDU, Moi University deliberately excluded its five doctors from the enhanced call allowance, despite the Return-to-Work Formula (RTWF) adopted in court.
Earlier, the Union had moved to Court seeking clarification, upon which it calculated Ksh53 million owed to the said doctors by the University and ordered it to settle the amount by October 2024.
When the timeline passed, KMPDU filed a petition in court, seeking a garnishee order which the courts granted to recover the said amount.
National Secretary General & Chief Executive Officer at KMPDU, Davji Bhimji Atellah, announcing the developments, vowed not to allow the University to ignore court orders.
“The university's bank account is now frozen, and the funds will be deducted directly to pay the doctors. This victory reinforces our resolve to battle for fairness and justice for every doctor,” he said.
Lady Justice Hellen Wasilwa in her ruling emphasized the order granted was a garnishee order as the applications will be mentioned on November 19.
“This honourable Court be pleased to order that the garnishee order be made absolute to pay a sum of Ksh53.5 million to the Petitioner,” the Court ruled.
“I note that this order has an error and is amended accordingly to read that the order granted is the garnishee order being prayer No. b and not No 5 as the order,” Justice Wasilwa ruled.
She further ruled the application be certified urgent and be heard on a priority basis and interim orders be granted in terms of prayers made by KMPDU.
In the case, KMPDU had moved to court as the petitioner against, Moi University as the first respondent, the Cabinet Secretary of Labour, and Social Protection as the respondent, and Health as the other interested parties.
