Former Public Health and Sanitation Permanent Secretary Mark Bor is the man who appended his signature to the much-disputed 2013 Collective Bargaining Agreement (CBA) that has seen doctors remain on strike for 81 days now.
Mr Bor is on the spot over the CBA, which he illegally signed on July 27, 2013 – after his tenure at the ministry had ended and his office declared non-existent.
Appearing before a Parliamentary Joint Committee on Wednesday, the former PS was unable to explain why he represented Afya House by signing the CBA yet he had been replaced.
In his defence, Bor noted that there were sections in the CBA which related to him adding that the document was not conclusive and needed to be deliberated upon by the doctors' union and the incoming officials at the Ministry of Health.
"Although it substantially meant that there was progress in discussions, was that the final document that would be submitted for registration? The final document would emerge only after the Ministry of Health was properly constituted with the Permanent Secretary and the Cabinet Secretary. It would be only the new Ministry which would finalise the negotiations," Bor said.
He further confessed that "the Ministry of Public Health had no capacity to negotiate on anything. It had already died as it had been consumed by the ministry of Health".
The committee was highly confused on why Bor willingly signed the CBA yet the Public Health had folded into the Ministry of Health.
The chairman of the labour committee threw him out of the sitting stating that he was a hostile witness for not disclosing relevant information.
"The committee will look for recourse on how to deal with you. You have taken a lot of our time but you have said nothing," Were said.
In July 2013, a local daily reported that Bor was among other PSs in Kibaki's Government who were still reporting to work despite reorganisation by President Uhuru Kenyatta's administration.
There was a dispute on how to deal with the over 21 PSs left in the cold by the Jubilee Government.
Bor, who is currently the chairman of the Board of Management at the Kenyatta National Hospital, started his public service career in 1982 as a district officer.
He is a seasoned administrator with experience in human resource management and development, policy analysis and public sector reforms.
He has previously served as PS in various ministries, including Local Government and Labour.
