Nakuru doctor moves to court to challenge planned NYS Kemsa takeover

Dr Benjamin Gikenyi Magare, a consultant trauma and general surgeon at the Nakuru Level Five Hospital has filed a petition before the Employment and Labour Relations Court in Nairobi seeking orders to stop the impending restructuring of the authority as well as its take-over by the National Youth Service.

Kemsa, in a press release issued on November 4, had given a notice of general redundancy and directed all its non-core staff to proceed on a 30 day compulsory leave to allow what it termed restructuring of the agency.

The release signed by the Kemsa board chairperson Mary Chao Mwadime had indicated that the National Youth Service would be involved in the running of the institution.

In his petition, Dr Gikenyi has protested the decision which he said will lead to at least 900 job losses.

The medic argues that the move was just a knee jerk reaction by Kemsa after the media exposed how high ranking officials at the agency interfered with procurement procedures.

According to the petitioner, the decision was only aimed at punishing the innocent junior officers while protecting the real culprits, whom he says, were transferred to other state agencies.  

 “This action, though well intentioned, has been done without due regard to the rights of workers and will lead to disruption of service delivery and day-to-day operations at Kemsa,” read the application.

Dr Gikenyi regrets that the said restructuring was done without proper consultation with stakeholders thus making it illegal, radical, irrational and ought to be declared null and void.

Dr Gikenyi wants the court to quash the restructuring process and declare it null and void.

The medic also wants the court to issue orders barring NYS from being involved in the management of the institution.  

The Kemsa board, the Ministry of Education and the Attorney-General have been listed as respondents in the case before the Employment and Labour Relations Court in Nairobi.