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Jail Kagwe for disobeying court orders, say Kemsa staff
Health Cabinet Secretary Mutahi Kagwe in Mombasa on January 4, 2022.
Some 70 employees of the Kenya Medical Supplies Authority (Kemsa) have urged the High Court to commit Health Cabinet Secretary Mutahi Kagwe to civil jail for contempt of court.
Through lawyer Nelson Havi, they have asked the court to jail Mr Kagwe over alleged breach of an order that had barred him from terminating their services.
They are also seeking the imprisonment of Kemsa board chair Mary Mwadime and acting CEO John Kabuchi for failure to comply with orders issued in November 2021 that protected their jobs.
Represented by Antony Chege, Abdi Hadun and Caro Mugo, they want the court to summon the CS and Kemsa managers to explain why they should not be committed to jail for disobeying court orders.
Mr Havi claimed Mr Kagwe and Kemsa bosses had disobeyed the orders through termination of the claimants’ employment without following due process. The CS also reportedly allowed the Kenya Defence Forces (KDF) and the National Youth Service (NYS) to take over Kemsa activities.
The employees say that on November 10, 2021, Justice Ocharo Kebira HAD granted conservatory orders restricting Kemsa, the Health CS, the Attorney-General and Labor and Social Protection CS from declaring redundant or terminating their services.
“The said government officials ought to be cited and committed to jail for contempt of court orders issued on November 10, 2021,” state the staff.
Mr Havi argued that the orders were still in place, awaiting a judgment to be delivered on February 24. He said Kemsa and the said ministries were restrained from replacing the staff with people from KDF and NYS.
Mr Havi pointed out that every person, or state organ, is obligated to obey court orders. He asked the court to stamp its authority by punishing those disobeying its orders blatantly and with impunity.
Mr Havi said the respondents were served with the orders on November 9, 2021 and an affidavit of service was filed on November 17, 2021.
He said on November 4, 2021 at 10am, Kemsa staff received emails from its chief executive, requiring them to attend a mandatory virtual staff meeting via the Zoom platform.
Mr Havi said the employees were sent home for 45 days and told that they would receive calls on the next course of action. This, he argued, was against staff rules and regulations that forbid more than 15 days accumulation of leave days annually.
