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Kemsa legal affairs director Wanyonyi to remain in office

By Nancy Gitonga
Wednesday, September 2nd, 2020
Embattled Kenya Medical Supplies Authority (Kemsa) director of legal affairs Fredrick Wanyonyi Simiyu.
In summary

Embattled Kenya Medical Supplies Authority (Kemsa) director of legal affairs Fredrick Wanyonyi Simiyu will continue serving in that capacity.

Employment and Labour Relations Court yesterday suspended his interdiction last week by the board pending the hearing and determination of a petition filed in court. 

“The letter of interdiction dated August 25 is hereby stayed as it does not comply with Kemsa Human Resources Polices and Procedures Manual which provides that interdiction is to be resorted to only where investigations are being conducted that may lead to an officer’s interdiction and for a period not exceeding three months,” ordered Justice Maureen Onyango. 

She further ordered Simiyu to serve Kemsa and it’s board of directors with the petition in the next seven days. 

Through lawyer Bryan Khaemba, Simiyu moved to court seeking orders suspending the implementation of the decision contained in the board’s letter dated August 25, interdicting him pending hearing and determination of the case.

He urged the court to issue a temporary injunction restraining the Kemsa board from proceeding with any further disciplinary proceedings against Simiyu based on reasons as contained in the said letter.

“The court be pleased to issue a temporary injunction restraining Kemsa Board of directors and acting Chief executive officer from proceeding with any further disciplinary proceedings against the claimant based on reasons as contained in the letter of August 25,” said the lawyer.

Khaemba claims his client’s interdiction is an outright punitive sanction whose main objective is create a cloud of cover over investigations into the mismanagement of the Covid-19 funds and the interdiction of the claimant is unfair, unlawful and unconstitutional as it is an end in itself, it makes no reference to a pending disciplinary hearing, it is indefinite and Simiyu has not been asked to make any representation which amounts to the him being condemned unheard.

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