Health CS Mutahi Kagwe secured victory against two officials rejecting transfers in a court battle. The two officials, Hezekiah Chepkwony and Pius Wanjala of the National Quality Control Laboratory (NQCL) had sued Kagwe for transferring them from the Health Ministry.
On Monday, September 28, the Court of Appeal suspended a decision by the Employment and Labour Relations Court which had barred Kagwe from transferring the two.
Appellate judges Roselyn Nambuye, Hannah Okwengu and Jamila Mohammed further suspended the Labour Court from proceeding with the hearings in the petition by the two health officials.
The Court of Appeal also added that it will make a decision later on after listening to the appeal filed by the Health Ministry.
"An interim order of stay of execution of the decision and orders of the Labour Court delivered by Justice Onesmus Makau on July 9, 2020, in Nairobi be and is hereby granted as prayed for, pending delivery of the ruling on November 20, 2020," the judges stated.
Kagwe was, however, also found guilty of contempt of court after redeploying the two against the Labour Courts order. His conviction date was postponed to November 2020.
The Attorney-General Paul Kihara also appealed against the Labour Courts decision to reinstate the duo. This signified that the government supports CS Kagwe's decisions in the Health Ministry.
On Wednesday, September 2, the CS wrote an open letter to President Uhuru Kenyatta and the nation over the level of corruption at Afya House as calls for his resignation intensified. Anti-government officials had accused him of allowing the Covid-19 scandal to occur under his administration.
The CS stated that he was proud of efforts being made to unearth cartels in the Health Ministry, adding that President Uhuru Kenyatta shared his sentiments and believed in him.
"Thank you, President Uhuru Kenyatta; without your unwavering support in this, without your presence, the task would be untenable," Kagwe lauded.
Kagwe has witnessed a back and forth struggle in his war with Health officials he dubbed to be cartels. On Saturday, May 2, he initiated a transfer of 31 employees.
He, however, admitted to being frustrated by the cartels who were resolute on rejecting the redeployments.
"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.
