The Employment and Labor Relations Court has dismissed the appointment of three Kenya Medical Supplies Authority (KEMSA) board members made by Health Cabinet Secretary, Mutahi Kagwe.
In the ruling delivered on Friday, May 27, the court stated that the appointments of Lawrence Wahome, Terry Kiunge Ramadhani and Linton Nyaga Kinyua, were unconstitutional.
Kagwe had announced the appointment of the three in what he described as reforms at the government agency that was riddled with scandals.
“Ms Terry has worked as a senior director of the President’s Delivery Unit which offered her a front row seat to understanding how critical the achievement of universal health coverage is to the government of Kenya,” the appointment statement read at the time.
In the ruling, the Labour court asked the Health CS to follow the laid down procedure in appointing substantive officeholders at KEMSA.
The court also dismissed a case by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) over an alleged looming mass firing at KEMSA.
According to KMPDU, KEMSA had indicated that it would undertake mass sacking of its more than 900 staff members and brought in new staff members from the Kenya Defence Forces (KDF) and the National Youth Service (NYS), contrary to the provisions of the constitution.
The court also noted that the petitioners failed to provide evidence showing there were KDF or NYS officers at KEMSA.
Further, the court ruled that the application was speculative and pre-emptive stating that none of KMPDU's members could have been declared redundant.
The Pharmaceutical Society of Kenya (PSK) also moved to have the appointment of Kiunge as KEMSA CEO revoked citing a lack of qualifications and what they termed as vested interests.
But the appointment was met with a lot of resistance from the Pharmaceutical Society of Kenya who argued that her appointment to the position is in violation of provisions of the KEMSA Act.
“If this appointment of an unqualified and unsuitable person to be the substantive CEO of KEMSA is not rescinded within the next 48 hours.
"We are ready to stand with the law, towards seeking further legal sanctions against the Board, if the said Board does not reverse this illegality,” PSK President, Dr Louis Machogu stated.
He accused KEMSA of undermining and disregarding the principles of the constitution and other public service laws on public appointment.
