The Employment and Labour Relations Court on Wednesday, September 9, halted two Kemsa board appointments made by Health CS Mutahi Kagwe pending hearing of the case.
The CS had appointed Dorothy Atieno and Timothy Waema as Kemsa Board members, nominations that were challenged by advocate Samuel Chelongo.
"That pending the inter parties hearing and determination of this application, this honorable court hereby issues a conservatory order staying the 1st respondent's (The Cabinet Secretary Ministry for health) decision to appoint the 1st and 2nd interested parties (Atieno and Mwololo respectively) to the position of Board Member of the Kenya Medical Supplies Authority," reads an order by Justice Hellen Wasilwa.
In addition, the judge directed the parties be served, adding that the case would be heard on September 23, 2020.
Kagwe had gazetted the two appointemnets on May 29, 2020, indicating that they would serve for a period of two years.
Through her advocate Dorcas Mwae, however, Chelongo stated that the positions had not been advertised and that there was no public participation in the appointment as well.
Further, in court documents, she stated that the two appointees had not resigned from their previous posts.
Atieno is said to work at the Kenyatta National Hospital as an assistant chief pharmacist while Waema was still a professor of Information Systems in the School of Computing and Informatics at the University of Nairobi.
“It goes without saying that both Atieno and Waema earn a double salary as public officers, an act that is against our Kenyan Constitution of 2010 and the Public Officers Ethics Act,” reads the petition.
The case comes at a time when EACC is investigating how tenders at Kemsa, amounting to billions, were awarded to companies.
