Court stops Kemsa from sacking staff
Employment and Labour Relations Court yesterday stopped Kenya Medical Supplies Authority (Kemsa) from declaring redundant or terminating services of 44 of its employees.
Justice Ocharo Kebira issued the temporary order pending the hearing of the suit filed by the 44 staff claiming they have not breached the terms of their respective contracts of service with Kemsa.
“Pending the hearing and determination of the application inter partes, a conservatory order is issued, suspending the implementation of each of the general notices of potential redundancy issued to the petitioners by the Acting Chief Executive Officer of Kemsa,” ruled the Judge.
Through Law Society of Kenya President Nelson Havi, the employees noted that several reports by the Auditor-General, Parliament and the Ethics and Anti-Corruption Commission have recommended investigations and prosecution of members of Kemsa Board and senior Managers in relation to the Sh7.6 billion Covid-19 scandal.
However, they claimed that there has been no action towards remedying the transgressions pointed out in the various reports on prosecution of the culprits.
It is their contention that officers from the Kenya Defence Forces and the National Youth Services have been deployed to take over their functions, in what is evidently the constructive termination of their services.
“The circumstances under which Kemsa seeks to terminate the contracts of the petitioners do not meet the definition of redundancy, as known in law nor do the facts of this case demonstrate where the services of an employee are superfluous,” states Havi in court documents.
They argue that there is no properly constituted Kemsa Board to take the redundancy action against them. The case will be heard on November 17.
