Health CS Mutahi Kagwe was found guilty after he was taken to court by two officials from the Ministry of Health.
According to court documents, Kagwe was convicted for contempt of court by effecting the transfer of two senior-most officers Hezekiah Chepkwony and Pius Wanjala of the National Quality Control Laboratory (NQCL) which had been stopped.
“CS Mutahi Kagwe is hereby cited for contempt of this court’s judgement dated January 31, 2020,” the judge ruled on Thursday, July 9.Health Cabinet Secretary Mutahi Kagwe addresses a press conference on Covid-19 in Nairobi in March 2020File
Justice Onesmus Makau summoned the CS to appear either in person or virtually on July 23 for mitigation and sentencing.
Chepkwony had been transferred to the Kenya Medical Training College while Wanjala had been seconded to the Moi Teaching and Referral Hospital.
The transfers had been initiated by Kagwe’s predecessor Sicily Kariuki who was moved to head the Ministry of Water.
The labour court stopped the transfers after the two medics filed a petition.
Their arguments included skills mismatch and limited time to hand over and report to their new stations.
Despite obtaining an injunction, the doctors told the court on Thursday, July 9 that their transfer letters were delivered on June 16.
The communication which had been authored four days before and required them to report to their new stations on June 17.
"I have never seen this anywhere else. I do not think there is any other ministry that has encountered situations whereby individuals refuse to move until you physically send someone to assist them out. It's a compelling situation," Kagwe stated.Ministry of Health's Afya House Building in Nairobi, Kenya.
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