Tthe Employment and Labour Relations Court has ordered Kwale county government to pay Samuel Kiptalam a clinical officer Ksh4.5M within one month.
In the ruling, the devolved unit was given a 30-day ultimatum or risk paying inclusive of interest at the court's rate after October 1.
The clinical officer's salary was withheld by the county government in 2020 due to alleged absenteeism, an excuse the court ruled out as unfair.
According to Justice Byram Ongaya, Kiptalam worked despite the ravaging effects of the pandemic on healthcare workers.
Through a letter dated November 23, 2020, the county government explained to the court why Kiptalam’s salary was stopped and disciplinary action taken.
In addition, the court also ruled that Kiptalam was available when called upon by the medical superintendent.
“First there was no evidence that a scenario arose when the claimant needed to report at work and the medical superintendent required him to report at work in such a very necessary situation and he failed to do so,” stated Justice Ongaya.
Further, during the pandemic when employees worked from home, the court noted it would have been irresponsible for Kiptalam to go to work considering the condition.
Kiptalam who had been earlier accused of stealing a patient's monitor refused a request to transfer to Samburu Sub-County hospital until he cleared his name.
Notably, the human resources panel refused to handle his case until he had transferred to Samburu leaving him in a dilemma.
He was cleared of the theft allegations by the Directorate of Criminal Investigations (DCI) after investigations were concluded.
In his defense, Kiptalam argued that his record of service was clean and did not include any warning or claims of negligence of duty.
The court directed Kiptalam to report to the medical superintendent at Samburu Sub-County Hospital to be assigned duties.
