Mater Hospital, which has its main operations in Nairobi, is embroiled in a row with its former deputy chief executive Dr Stephen Gachie Macharia.
Dr Macharia who also acted as the institution’s director of Operations and Administrative Services has sued the hospital seeking Sh16 million alleging wrongful dismissal.
He has sued Mater Hospital at the Employment and Labour Relations Court at Milimani in Nairobi seeking compensation for being stripped off his position that earned him Sh1,050,000 monthly.
The petitioner through Wanjiku Maina & Co. Advocates told the court he was suspended from office and eventually sacked for being a whistle-blower on conflict of interest at the Board, falsified payments of allowances at the hospital, tax evasion and immorality at the Christian-owned health facility.
“The claimant further states that on the 8th of July, 2020, he wrote an email to the Respondent’s Pontifical Commissary and Trustee Congregation of Sisters of Mercy Kenyan Province, Sr Mary Gitau, with a copy to the Board and Owners of the Hospital expressing his frustrations about serious issues affecting the hospital that he had raised severally and which had been ignored. These issues include; conflict of interest at Board level where a director has attempted to influence tender awards, falsified payments of allowances, immorality where the male nursing students were being sexually abused,” Dr Macharia says in his court filing.
According to the document, Dr Macharia commenced working at Mater Hospital on the 19th April, 2018, for five years until the September 29, 2020, when his services were terminated.
“The claimant employment was confirmed on the 21st of November, 2018, following a six-month probationary period with a gross monthly pay of Sh1,050,000 per month. The claimant served the respondents diligently until the 26th of March,2020 when he received a letter from the Pontifical Commissary, Sisters of Mercy Kenya, requiring him to explain the hand-over possession of Kinetic Building, which the respondent had leased out and later vacated,” Dr Macharia told the court this week when the case came up for hearing at Milimani Law Courts.
“Dr Macharia had explained that his office (Director of Operations and Administrative Services) was not directly responsible for the handover process and went on to outline the handover process, the offices involved and a meeting between the then CEO Prof Mwenja who has since resigned, the respondent’s sister Mary Gitau and the claimant where Prof Mwenja took responsibility over the Kinetic Building issue and the matter was closed,” Dr Macharia says in court documents.
Dr Macharia argues that his employer failed to follow laid-down process and procedure in terminating him, failed to follow the stringent conditions set out under Section 40 of the Employment Act, failed to act in accordance with equity and justice and perpetuating a witch-hunt with the sole aim of terminating his employment.
But in its replying witness statement filed at Milimani Commercial Courts, Mater Hospital through its Pontifical Commissary Sr Mary Wairimu Gitau told the court that the sacking of Dr Macharia was in regard to the flopped handover of Kinetic premises, insubordination, negligence in discharging his duties and copying email to some persons out of jurisdiction of Kenya and persons with no supervisory authority over the Trustees.
Dr Macharia told the court that his email was based on public interest and that his former employer has in writing told the court that it never investigated his claims and cannot dispute the content of his email.
The hearing continues February 19, 2024.
