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Court allows KMPDU to attach Moi University's accounts over Sh53.5m salary arrears

Moi University

The entrance to Moi University's main campus in Kesses, Uasin Gishu County on February 8, 2024.

Photo credit: Jared Nyataya | Nation Media Group

Troubled Moi University has sunk into more woes after the Employment and Labour Relations Court allowed a doctors’ union to attach its bank accounts over the failure to pay them Sh53.5 million in salary arrears.

Justice Hellen Wasilwa on Monday directed the National Bank of Kenya, Eldoret branch, to withhold the money, pending the determination of the case filed by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU).

The union said the parties signed a return-to-work formula in July and the university agreed to pay the doctor-lecturers the arrears within 60 days, after signing the agreement.

KMPDU said the deal dated February 11, 2022, was signed and approved by Justice Anna Ngibuini Mwaure on July 26, 2024, and the judge granted the union permission to seize the money in case the troubled university does not settle the amount within 60 days.

KMPDU said it was entitled to seize the money as Moi University has failed to comply with the order by paying the doctors Sh53.55 million.

“The application dated November 8, 2024, is allowed in terms of prayer number ‘b’,” said the judge as she directed the union to serve Moi University and the Ministries of Health and Labour and Social Protection with the court documents.

The parties will return to court on Tuesday, November 19, for directions.

“The honourable court should ensure safeguard to the rule of law. To do so, its orders must be complied with by all parties in matters before courts,” the union said through lawyer Henry Kurauka.

The doctors went on strike alleging that the university had withheld their salaries and enhanced clinical allowances approved and released by the Treasury.

In the July ruling, Justice Ngibuini noted that the university did not deny owing the money or signing the return to work formula.

“The court, to be precise, grants prayers sought in the application and orders the petitioner to proceed and institute execution proceedings if the respondent does not settle the sum within 60 days hereof,” said the judge.